Terms and Conditions
GENERAL CONDITIONS OF SALE
1. LEGAL NOTICES
THE MODAOLOGY is a Limited Liability Company, registered in the State Tax Service Under The Ministry of Economy of The Republic of Azerbaijan under №1307828091, whose registered office is at Suleyman Dadashov str. 523, Yasamal District, AZ10173, Baku, Azerbaijan (hereinafter referred to as “THE MODAOLOGY”, which publishes the Website accessible at http://www.themodaology.com (hereinafter referred to as the “Website”).
2. GENERAL TERMS
2.1 The Website accessible at http://www.themodaology.com is a sales and trading platform specialised in “second hand” or “vintage” fashion/luxury products (hereinafter, the “Products”).
2.2 These General Conditions of Sale (hereinafter referred to as “GCS”) define the terms of the purchase and offer for sale on the http://www.themodaology.com Website of Products as well as the rights and obligations of the parties arising from the online purchase and offer for sale.
2.3 The Website offers the following functionalities:
- Filing of offers for sale of Products online by internet users (hereinafter, the “Vendors”);
- Search and purchase of “vintage” Products online by internet users (hereinafter, the “Purchasers”).
2.4 For the purposes herein, the Purchasers and Vendors are jointly called the “Client”.
2.5 Simple Website access and/or navigation and/or consultation of the various pages of the Website necessarily involve the immediate and unreserved acceptance by the internet user of these General Conditions of Sale.
2.6 Furthermore, by purchasing and/or making a Product available on the Website, the Client acknowledges that he or she has read these General Terms of Sale and has accepted them without restriction or reservation.
2.7 At the time that an offer of sale is placed online on the Website, the Vendor acknowledges that he or she has read the Special Conditions of Sale accessible at www.themodaology.com/pages/terms-conditions and has accepted them without limitation or reservation.
2.8 Given the electronic nature of the contract made by the Client and THE MODAOLOGY, this acceptance is not in any way subject to a handwritten signature by the Client.
2.9 Any written document contained in particular in the documents issued by the Client (including the order) may not prevail over these General Conditions of Sale without the prior express written agreement of THE MODAOLOGY.
2.10 It is specified, where necessary, that the Client may save or print these General Conditions of Sale, on the condition nonetheless that they are not modified.
2.11 The version of the General Conditions of Sale available online on the Website shall prevail, where applicable, over any other version of these General Conditions of Sale, with the exception of modifications which may be made following acceptance, in accordance with the common law.
2.12 THE MODAOLOGY may unilaterally make additions and changes to these GCS and all other information and materials on the Website at any time and post such additions and changes on this Website. Failure to post notices of additions and changes to the GCS on this Website does not affect the legal force of such additions and changes in any way and cannot be a reason for its invalidity in the future.
2.13 The information on the website is for your use. THE MODAOLOGY attempts to post reliable and up-to-date information on the Website, but does not warrant or guarantee the accuracy, timeliness, integrity, and/or suitability of the information and materials posted or offered on this Website. You acknowledge that this information and materials may contain errors and that THE MODAOLOGY is not liable for any such of errors to the extent permitted by law.
2.14 The use of any information or materials on this Website is at Your own risk and THE MODAOLOGY shall have no liability whatsoever. It is your responsibility to ensure that any information posted on this Website meets your specific requirements.
2.15 All information and documents posted on this Website, including the design, layout, appearance, and graphics of this Website, as well as the rights to all other materials, belong exclusively to THE MODAOLOGY. Such information, documents, and materials may not be uploaded, downloaded, distributed, republished, reproduced, displayed, announced, or transmitted in any form without our express and express wrote consent.
2.16 No consent is required for the use and display of information available to the public, as well as information announced by state and municipal authorities on this Website, and when such information is posted, it is assumed that the consent of the entity(ies) holding the rights to that information has been obtained.
3. REGISTRATION
3.1 Navigation of the Website is free and does not require the creation of a Client Account.
3.2 Nonetheless, to be able to access certain services, each Client must create an account and provide the Website with an identifier (valid e-mail address) and choose a password.
3.3 Registration on the Website is free.
3.4 The Client is informed of the need to communicate a valid e-mail address to receive a confirmation e-mail that this Account has been created, as well as subsequent promotions from the Website.
3.5 The set of information provided constitutes their "Identifier Codes”.
3.6 Each Client acknowledges his or her full liability for the use that will be made of the identifier Codes on the Website.
3.7 The Client undertakes not to choose an identifier that may breach the rights of a third party and is consequently not allowed to use an identifier that breaches an intellectual property right, a trademark that has been filed, a company name or a surname, without this list being exhaustive.
3.8 It shall undertake to perform all acts within the space reserved for him/her under their own identifying Codes and any acts performed under these identifiers shall be considered to have been performed by him or her.
3.9 If forgotten, or in the case of misuse or unauthorised use of his or her identifying Codes, THE MODAOLOGY may not in any case be held liable and the Client must inform THE MODAOLOGY immediately of this situation, by e-mail to customercare@themodaology.com or by post to the following address: Suleyman Dadashov str. 523, Yasamal District, AZ10173, Baku, Azerbaijan.
3.10 The Client has the right to access, modify, correct and delete the data that concerns them.
4. PRODUCTS
4.1 Description of Products
THE MODAOLOGY offers on the Website the Vendor's Products, as well as their detailed descriptions contained in the corresponding sheets drawn up by the Vendor for each of his or her Products, thus allowing Purchasers to know, before the final approval of their order, the essential characteristics of the Products they wish to purchase.
THE MODAOLOGY shall also do its best to ensure that the colour and pattern of the Products whose photos are displayed on the Website are faithful to the original Products.
Nonetheless, given the method of presentation of products on the Internet, it is possible that the impression the Purchaser has of the photographic representation of the products does not correspond exactly to the product itself.
4.2 Prices of Products
The prices applicable are those mentioned on the Website at the time that the Purchaser confirms his or her order.
Prices are mentioned in AZN, EUR or USD and are understood to not include all taxes and custom fees that may be applied upon receiving.
The Purchaser is informed that the cost of delivery shall be invoiced in addition to the price of the Products, and that to this end they shall be mentioned specifically on the order summary and the order confirmation e-mail and added to the total price of the order.
Furthermore, the Purchaser formally acknowledges having been informed that the prices mentioned on the Website do not in any case include possible customs taxes and/or duties which the Purchaser may be liable for at the time of delivery and of which he or she is the sole debtor.
At any time and without notice, THE MODAOLOGY reserves the right to modify the prices displayed.These modifications shall not, nonetheless, have an effect on orders THE MODAOLOGY has accepted before these modifications come into force.
5. ACCEPTANCE OF THE OFFER AND PRODUCT ORDER
5.1 Ordering a Product
By browsing the Website, the Purchaser has the possibility of reading freely about the various Products offered for sale on the day the Website is visited.
In order to order one or more of these Products, the Purchaser shall click on the icon provided for this purpose and provided alongside each photo of the Products.
The Purchaser is able, at any time during the order process, until actual payment, to return to this order to complete, modify or cancel it.
Once the Product selection is complete, the Purchaser shall be invited by a new web page to communicate his or her contact details by accurately giving information on the form provided.
In particular, he or she shall provide an address at which delivery can be made during working hours from Monday to Friday as well as the surname(s), first name(s) and e-mail address.
Once the form has been fully completed, an order summary listing all the information relating to this order, in particular the nature, quantity and price of Products, the total amount (including transport costs) of the order, the Purchaser's contact details, the delivery address and billing address will appear on the screen.
After having read the statement of his or her order, the Purchaser will be invited:
To click on “Check Out” to proceed to payment of his or her order;
Or to click on “Edit" to modify the order and/or information about his or her personal contact details;
By clicking on “Check Out” during the order process, the Purchaser must compulsorily first read these General Conditions of Sale.
5.2 The Purchaser warrants that he or she is fully authorised to use the bank card provided for the payment of his or her Order and that this bank card has access to sufficient funds to cover all costs arising from the use of THE MODAOLOGY’s services.
5.3 By clicking on “Check Out" during the Order process, and after having confirmed in his or her “Cart" the content of the Order and, where applicable, having modified it, the Purchaser declares that it fully and without reservation accepts all of these General Conditions of Sale. After having confirmed the content of his or her Order, the Purchaser will confirm it finally through payment.
5.4 The Order will only be final upon payment of the corresponding price.
THE MODAOLOGY will automatically confirm the order of each Purchaser and its dispatch by e-mail.
5.5 The price for each Product is mentioned on the corresponding Product sheet.The Purchaser’s order dispatch charges will be mentioned to him or her before the final confirmation of the order.
Nonetheless, in accordance with clause 4.2 above, the Purchaser formally acknowledges that he or she has been informed by THE MODAOLOGY that the prices mentioned on the Website do not in any case include possible customs taxes and/or duties which the Purchaser may be liable for at the time of delivery (and particularly in the case of delivery outside Azerbaijan) and for which he or she remains the sole debtor.
Furthermore, once the order is approved, the price and charges shall remain accessible under the “My Account” heading of the Website.
Once these steps have been done and the order confirmed, a web page especially for the payment of the order will open.
The Purchaser must then make payment of his or her order.
The data registered by THE MODAOLOGY constitute proof of all the transactions made by THE MODAOLOGY and the Client.
5.6 Paying for a Product
Payment of the order is carried out on the Internet and must be concomitant to the order, following the instructions given to this end during the process of confirming the order. Payment shall be made in AZN, EUR or USD using the electronic payment system PulPal, to the exclusion of any other means of payment.
THE MODAOLOGY uses the secure payment tool provided by PulPal and guarantees the Purchaser that it never has access to confidential information concerning the method of payment used by the Purchaser to pay for his or her order.
To make the payment owed, the Purchaser will be invited either to provide a bank card number, the date of expiration of this card accompanied, where necessary, by the security code.
The Purchaser’s bank details will be asked for each order insofar as only the bank chosen by THE MODAOLOGY for the execution of these financial transactions remains in possession of the confidential information.
To this end, the Client guarantees THE MODAOLOGY that he or she has the authorisation that is possibly necessary to use the method of payment chosen when the order is confirmed.If the bank refuses, the order will be automatically cancelled and the Purchaser informed thereof by e-mail.
To optimise the security and authentication of the electronic payment made by the Purchaser, THE MODAOLOGY has set up the “3d Secure” protection system for each payment made on the Website.
The Client is invited to follow the authentication procedure set up to this end.The payment shall otherwise be cancelled and the Purchaser may not receive the Products ordered.
Once the payment of an order has been made, a printable and recordable summary of the Purchaser’s order will be displayed and will specifically mention the order references.
5.7 Order confirmation by THE MODAOLOGY
The order shall only be considered final and fixed once it is confirmed to the Purchaser by THE MODAOLOGY.
THE MODAOLOGY reserves the right to reject any order or delivery if there is a dispute with the Purchaser particularly following the Purchaser’s non-compliance with the obligations provided in these General Conditions of Sale, in particular concerning any default in the payment of the order price, likely to lead to suspension of access to the THE MODAOLOGY Website, or termination of his or her Client Account, without prejudice to any damages THE MODAOLOGY may seek.
Following payment of the order, THE MODAOLOGY's confirmation will be made as soon as possible by e-mail.
This order confirmation e-mail sent by THE MODAOLOGY shall include the following information:
- The order number given by THE MODAOLOGY during confirmation by the Purchaser;
- Summary of the order (description of Product(s) ordered, quantity, price);
- Total order amount, inclusive of all taxes;
- Postal charges;
- Confirmation of payment;
- The terms related to the delivery of the Products ordered (expected delivery date – 30 days maximum as of confirmation of the order).
5.8 Availability of Products
The Products distributed online on the Website by THE MODAOLOGY are those available in stock on the day the Website is viewed by the Purchaser.
The Purchaser is informed that some of the Products presented online on the Website are by definition rare and unique given their “vintage” specifications.
5.9 Cancellation of an order
Because we want to deliver your item as soon as possible, we process orders in real-time. This means we are unable to cancel orders once they have entered the shipping process, but you'll be able to return it following our returns procedure.
6. DELIVERY AND RECEIPT OF ORDER
THE MODAOLOGY maintains ownership of the Products ordered until full payment is made of the order price, including postal charges, if owed.
6.1 Delivery to the Purchaser
The Product(s) shall be delivered to the postal address provided by the Purchaser when making his or her order and which will be mentioned on the delivery slip.
Delivery shall be made according to the delivery method selected by the Purchaser when making his or her order and depending on the country of delivery and the rate proposed by the relevant carrier.
The Purchaser shall be informed at the time of confirmation of his or her order of the delivery rate proposed by the carrier.
For all deliveries in Azerbaijan, the order will be sent to the Purchaser by Azeri Express LLC.
As delivery is provided by third party service providers, the Purchaser is informed that THE MODAOLOGY cannot in any way be held liable if non-performance or poor performance of this obligation is imputable to the Purchaser or the unforeseeable or insurmountable action of a third party to the contract or in a case of force majeure.
6.2 Time periods for the delivery of Products
The delivery shall be made at the latest within thirty days of the order, except otherwise provided, which the Purchaser shall be informed of before making his or her order, mentioning an average delivery time period.
6.3 If there is a delay in delivery
Any delay in delivery must be reported by the Purchaser as soon as possible to THE MODAOLOGY which will carry out an inquiry with the carriers concerned.
As of the exercise of the right of cancellation, or the conclusion of the inquiry made by THE MODAOLOGY confirming the loss of the package, THE MODAOLOGY shall make a reimbursement to the bank account debited when the order was made, as soon as possible, to the exclusion of any other indemnity.
In the case of the partial delivery of the order, delivery may be made several times, and this right shall only concern the undelivered part of the order.
6.4 Receipt of Products by the Purchaser
Each delivery is considered to be completed once the Products are made available to the Purchaser by the carrier, confirmed by the monitoring system used by the carrier.
It is up to the Purchaser to check immediately upon receipt of the Product that the dispatched Products are compliant and complete.
Without prejudice to the time periods the Purchaser has under his or her right of withdrawal it is up to the recipient to check the shipments upon arrival and to make any reservations and claims that appear reasonable in the case of delay, breakage or absence to the carrier.
The Client shall express on the delivery slip complete and specific reservations. All reservation must be confirmed by registered letter to the carrier within three (3) days following receipt.
Any reservation of this type must also be notified to THE MODAOLOGY’s Client Services Department at customercare@themodaology.com within the same time period and in the same format. A copy of the claim sent to the carrier must be enclosed.
7. RETURNS
It is expressly specified that the provisions of this clause are only applicable in the case of a sale that takes place in Republic of Azerbaijan.
7.1 The Purchaser has a cooling-off period of five (5) working days as of the delivery date of the order, to return, at his or her expense, the Product delivered that he or she is not satisfied with.
7.2 In an effort to constantly improve service offered to Clients, THE MODAOLOGY now accepts Returns of refund on some orders placed within the Republic of Azerbaijan. The return policy for each product is specifically noted on that item's Product Page. The Client is responsible for viewing the Return Information on each product page and will not be held responsible for the return of an items that is clearly marked Final Sale.
7.3 THE MODAOLOGY offers for sale one of a kind, rare vintage pieces. In our efforts to continually improve our customer service, we accept returns on some of clothing and shoe items. All bags, accessories and some clothing with particular rarity / provenance are Final Sales. Please consult the product page of each item for its return policy. Returns are only accepted for items sold within the Republic of Azerbaijan. Sales in other territories are Final.
Azerbaijani clients are invited to return or drop off the pieces to us directly.
How to Return an item:
- Email customercare@themodaology.com within 5 days of receiving your order. Please state order number in the subject and the reason for return.
- All shipment costs of returning item should be covered by Purchaser.
- Once item is received and inspected, you will receive a return in the item amount.
The items must be returned under the following return policy:
- Items must be returned in the same condition they were in when they were received, taking care not to remove the tags from them;
- Items must be returned with the original boxes where applicable;
- We will not accept any return that has been worn, is dirty or has other signs of wear not present at the time of purchase. Take due care, therefore, when you try on one of our items;
- Returns that do not pass our quality checks will not be accepted. The package will be sent back to you at your expense and the item will not be refunded.
If the item does not meet the above requirements the return may not be accepted and will be sent back to the buyer. Alternatively, the item may be listed for sale on behalf of the seller.
How to Return an Final Sale item:
THE MODAOLOGY will be glad to re-sell any Final Sale item you don’t wish to keep.
- Email customercare@themodaology.com within 5 days of receiving your order. Please state order number in the subject and the reason for return.
- All shipment costs of returning item should be covered by Purchaser.
- Once item is received and inspected we will re-list the piece on the website and you will receive 100% of sale once re-sold.
PLEASE NOTE: In case of non-compliance with the mentioned above dates, re-sale will be possible only under standard "Become a Seller" conditions.
8. WORN ITEMS
If THE MODAOLOGY suspects that an item has been worn and/or tampered with by Purchaser, THE MODAOLOGY reserves the right to refuse the return. In an item is not accepted for return the Purchaser must assume all Shipping Costs, both return shipping incurred by THE MODAOLOGY to bring item back and the shipping cost should the purchaser wish to recuperate the item. If after 30 days of return Purchaser has not paid shipping fees for worn/tampered item, THE MODAOLOGY reserves the right to keep item and handle accordingly, including placing item back for sale.
9. FINAL SALES
All sales on Handbags, Jewelry, Hats, Scarves, Sunglasses, Books, Objects, and other non-clothing / shoe items are FINAL.
All orders from outside of the Republic of Azerbaijan are FINAL.
PLEASE NOTE that despite the above certain clothing / shoe items are still considered FINAL. Please check the Product Page of an item's Product Page to determine it's return status.
9.1 The Purchaser has a cooling-off period of five (5) working days as of the delivery date of the order, to return, at his or her expense, the Product delivered that he or she is not satisfied with, subject to the provisions of clause 7.2 and 7.3 above.
9.2 The Product must necessarily be returned whole, in a perfect state and in its original packaging accompanied by the delivery slip, the invoice and a covering letter.This option to withdraw may not be applied if the Product has a trademark for a certain use, not necessary only for the Product to be tried, and is not in any case in a use that allows its resale to consumers.
9.3 Under these conditions, THE MODAOLOGY undertakes to reimburse the Purchaser, to the bank account debited when the order was made, within a maximum time period of thirty (30) days, as of receipt of the Product.
9.4 If the right to withdraw is exercised after the date of dispatch of the Products from THE MODAOLOGY’s warehouses, the cost of return shall be borne by the Purchaser.
10. CONFORMITY AND GUARANTEE
10.1 The Vendor warrants that the Products are compliant with their intended usage, and do not have any faults or inherent defects that make them dangerous or unsuitable for their normal use other than those mentioned in the Product Sheet.
10.2 If the Product is not compliant with the information given when the Product was displayed on the Website, it shall be reimbursed by the Vendor to the Purchaser within a maximum time period of thirty (30) days, subject to compliance with the conditions mentioned above.
11. LIABILITY
11.1 THE MODAOLOGY may not be held liable for any disadvantages or damage inherent in the use of the Internet, particularly a disruption to the service, an external interference or the presence of a computer virus.
11.2 THE MODAOLOGY is not liable in the case of a breach of its obligations, such as are defined herein resulting from a case of force majeure.
Without prejudice to the provisions of the previous paragraphs, THE MODAOLOGY’s liability under the terms of these General Conditions of Sale, may not exceed an amount equal to the amounts paid or payable at the time of the transaction at the origin of this liability, regardless of the cause or form of the action concerned.
11.3 THE MODAOLOGY’s exclusion of liability – Fight against counterfeiting
11.4 THE MODAOLOGY undertakes all efforts to fight against the counterfeiting of Products and sets up numerous checks.
To this end, THE MODAOLOGY requires the Vendor to provide proof of the authenticity of the Product he or she sells.This proof may be provided through any means; nonetheless, THE MODAOLOGY strongly recommends to the Vendor the presentation of the Product’s certificate of authenticity.
Nonetheless, THE MODAOLOGY is not in any case liable, vis-à-vis the Purchaser or a third party in the case of the sale of a counterfeit Product.
It is thus strictly specified that THE MODAOLOGY is not liable in the case of an error in the substance of the Product sold and in particular in the case of a counterfeit Product.Thus, in this case, the Purchaser may not bring any action against THE MODAOLOGY on this basis.
11.5 Disclaimer of Warranties on the Origin of Products – Fight against Handling of Stolen Goods.
In its capacity as a trading agent and with the aim of preventing the handling of stolen goods, THE MODAOLOGY is bound by certain specific obligations and particularly keeps a register of Products and the collection of an official item of proof of identity for each Vendor.
Although THE MODAOLOGY complies strictly with all the abovementioned obligations, THE MODAOLOGY is not able to guarantee the origin of Products and cannot be held liable if the sale of the Product offered by the Vendor constitutes the handling of stolen goods.
Thus, the Purchaser expressly acknowledges that THE MODAOLOGY is not able to verify the origin of each Product and the fact that the Vendor is the owner of the Product he or she offers for sale.
12. REMINDER
It is strictly recalled to the Purchaser that all the Products published online on the THE MODAOLOGY Website are second-hand, used Products and thus are not new by definition.
Thus, the Products cannot offer the same features and the same guarantees on working conditions that a new product can offer.
To this end, the Purchaser formally acknowledges that he or she has been informed of the "second-hand" nature of the Products placed online on the Website and their working condition and use and shall never contest this point.
13. SELLING AN ITEM ON THE MODAOLOGY
13.1 THE MODAOLOGY only accepts items in Excellent and Good Condition. After proposing your piece, THE MODAOLOGY will get back to you with an Estimated proposal for your review. Please note the final price will be determined upon receipt of the item and THE MODAOLOGY reserves the right to modify based on its judgement. Should any pieces be in faulty condition, THE MODAOLOGY reserves the right to reject the pieces.
13.2 All photos are the property of THE MODAOLOGY and cannot be used by the Seller on any other retail site or other mediums without express written consent from THE MODAOLOGY. This includes using THE MODAOLOGY's photos on other re-sale sites or platforms.
14. DATA PROTECTION
14.1 Providing personal information collected as part of distance selling is obligatory. This information is necessary for the processing and delivery of orders as well as drawing up invoices. A lack of information leads to the automatic rejection of the order.
14.2 Use and Transmission of your Personal Data
In order to ensure the processing, monitoring and archiving of Purchaser orders on the Website, THE MODAOLOGY must necessarily process the Client’s personal data. The data processed is sent to THE MODAOLOGY, and where applicable to partners concerned, according to the terms and for the following objectives:
14.3 Order management by THE MODAOLOGY
The provision of personal data collected for the purposes of distance selling is obligatory for the confirmation and approval of any order as well as its monitoring and dispatch. In their absence, an order cannot be processed.
This data may be transmitted to THE MODAOLOGY’s technical service providers, with the sole objective of the correct performance of orders, or to draw up statistics.
14.4 Dispatch of commercial information:
Depending on the choices made by the Clients, his or her personal data may be transmitted to THE MODAOLOGY’s partners.
Unless opposed, the Client may receive commercial information from third party companies that are partners of THE MODAOLOGY by post.
Furthermore, if the Client has ticked the square provided for this purpose, he or she is informed that it may also receive information, by e-mail, from these partners.
With the express agreement of the Client when his or her personal data is collected, THE MODAOLOGY reserves the right to transmit his or her data to commercial partners.
The Client may receive from THE MODAOLOGY and/or where applicable from its partners e-mails or SMS containing information on THE MODAOLOGY’s products and activities.
The Client maintains the right to later refuse such communication by expressing his or her refusal by e-mail by clicking on the relevant heading on the Website.
14.5 Right to access, modify, oppose and remove
In all cases, the Client has a right to access, modify, oppose and remove personal data concerning him or her by writing to the following address: customercare@themodaology.com mentioning his or her surname, first name, e-mail and address.
In accordance with the regulations in force, any request must be signed and accompanied by a photocopy of an identity card bearing the signature of the applicant and specifying the address to which the response must be sent. An answer will then be sent to the Client within a period of 2 months following receipt of the application.
14.6 Cookies
14.6.1 When visiting the website, information on the Client’s browsing of the Website may be stored in “cookies” installed in the computer or the Client’s mobile termination, depending on the choices expressed concerning cookies which can be modified at any time.
Cookies are alphanumeric identifiers that are transferred on to the Client’s hard drive by your internet browser, to allow the system to recognise the Client's browser and offer adapted services.
Cookies are used by THE MODAOLOGY to memorise Client preferences, optimise and improve the use of the Website by the Client by providing content that is more specifically adapted to his or her needs.
Cookies are used to:
- Identify the Client when he or she connects to the Website.
- Determine the parameters of the Client’s Internet browser, such as the type of browser used and the plug-ins installed.
- Memorise the Purchaser’s “shopping cart” and purchase options.
- Know what products are searched and bought on the Website by the Purchaser to offer him or her tailored suggestions.No personal data is collected as part of this activity. Only statistical data is collected and analysed for the purpose of optimising the Website.
Some cookies are installed until the Client closes the browser; others are kept for longer. Cookies are kept for a maximum duration of 15 days.
The “Help” section on the toolbar of most browsers mentions how to reject new cookies or to get a message which notifies you when they are received, or even how to deactivate all cookies.
14.6.2 Only the issuer of a cookie may read or modify the information it contains.
When you connect to THE MODAOLOGY, we may have, subject to your choices, to install various cookies in your terminal, allowing us to recognise your terminal browser throughout the duration of validity of the cookie concerned.The cookies we issue are used for the purposes described below, subject to your choices, which result from the parameters of your browser software used during your visit to our website.
Several possibilities are offered to the Client to manage cookies. Any Client configuration on the use of cookies may modify his or her Internet browser and the conditions of access to certain services requiring the use of cookies.
The Client may choose at any time to express and modify his or her choices relating to cookies, through the methods described below.
The Client may configure his or her browser software so that cookies are stored in his or her terminal or, on the contrary, that they are rejected, systematically or depending on their issuer. The Client may also configure his or her browser software so that the acceptance or refusal of the cookies is suggested to him or her regularly, before a cookie can be stored in the terminal.
15. DATA SECURITY AND ENCRYPTION
15.1 THE MODAOLOGY website has one of the most powerful security systems at this time.It has not only adopted the SSL (Secure Socket Layer) encryption method but has also reinforced all the jamming and encryption methods to provide the most efficiently possible protection for all sensitive data linked to the means of payment.
15.2 The Purchaser is reminded that THE MODAOLOGY never has access to confidential information about the method of payment.This is why the Purchaser’s bank details are asked for each Order.
Only PulPal has the confidential information (card number, validity date) which is inaccessible to third parties.
16. INTELLECTUAL PROPERTY
16.1 THE MODAOLOGY is the exclusive holder of intellectual rights to the Website and the THE MODAOLOGY community, particularly all the texts, comments, works, illustrations, videos and images, both audio and visual, reproduced on the Website as well as the databases of which it is the producer.
16.2 All these intellectual creations are protected by copyright, trademark law, patent law, the sui generis law of databases and right to image, for the whole world.
16.3 These creations are the full and entire property of THE MODAOLOGY.
16.4 THE MODAOLOGY is a trademark filed by THE MODAOLOGY.
16.5 Nonetheless, it grants Clients a license allowing them to reproduce and display content on the Website, but only and strictly for their personal use as part of the display of this Website.
16.6 This license nonetheless excludes the right of Clients to modify, copy, translate, broadcast, publish, transmit, distribute, produce, display or assign the rights of any content appearing on the THE MODAOLOGY community and through it.
To this end and in accordance with the provisions of the Intellectual Property Code, only use for private use subject to the various, more restrictive provisions of this codeis authorised.
16.7 Any other use constitutes forgery and is punishable under the Intellectual Property Code except with the prior authorisation of THE MODAOLOGY.
16.8 As a reminder, the act of placing a hyperlink intended for the THE MODAOLOGY community, using a technique called framing or deep linking is strictly forbidden.
16.9 Any other use constitutes forgery and is punishable under the Intellectual Property Code except with the prior authorisation of THE MODAOLOGY.
17. THE GENERAL BEHAVIOUR OF CLIENTS
When signing up to these GCS, and later when using the Website, Clients are not allowed to transmit:
- Information for registration that is incorrect or false;
- Any personal information (name, telephone number, e-mail address, etc.);
- Information concerning the Product he or she wishes to sell which is incorrect or false and/or has the purpose of deceiving the Purchaser and/or THE MODAOLOGY concerning its substantive elements such as its origin or its non-counterfeit nature;
- Any sensitive information about racial or ethnic origin, or concerning political, philosophical or religious opinions, about membership of a trade union, about sex life or health, contrary to common decency and the law.
If there is a breach or a violation of these rules due to the transmission of this information, in addition to the fact that it has the right to remove these contentious messages without notice, THE MODAOLOGY reserves the right to remove access to Clients to THE MODAOLOGY and to their Account.
They must ensure that any information communicated later remains correct and they are not allowed to create or use, without permission, other accounts on the Website other than their own under their own identity and/or that of a third party. They are reminded that any impersonation is liable to prosecution and criminal sanctions, and that any breach of this undertaking may lead to the immediate suspension without notice of the Client's Accounts.
Any form of full or partial copy, aspiration or reproduction of the database produced and used by THE MODAOLOGY in the THE MODAOLOGY community is formally prohibited without its prior written agreement.
18. GENERAL TERMS
18.1 Force Majeure
Any event beyond the control of THE MODAOLOGY and against which it cannot reasonably protect itself constitutes a case of force majeure and to this end the obligations of the parties are suspended. Such events include, without this list being exhaustive:floods, fire, storms, lack of raw materials, transport strikes, total or partial strike, lock out, technical breakdown (telecommunications operators, internet access providers or hosts, registrars, etc.), a stoppage in the supply of energy (such as electricity), a fault in the electronic communication network that THE MODAOLOGY depends on and/or networks that substitute it.
THE MODAOLOGY cannot be held liable, or considered as having breached its obligations provided in these General Conditions of Sale, or any non-performance linked to a case of force majeure such as is defined by French law and case law, provided that it notifies the other party and that it does whatever it can to minimise the damage and carry out its obligations as soon as possible after cessation in the case of force majeure.
18.2 Technical Provisions
THE MODAOLOGY services are provided as is and insofar as they are available.
THE MODAOLOGY does not guarantee supply without error, without isolated and secure interruptions of the services offered by the Website and has no obligation to provide personalised, and particularly technical, assistance.
18.3 Update of the General Conditions of Sale
These General Conditions of Sale may be modified at any time at THE MODAOLOGY’s initiative. Any modification of these General Conditions of Sale as well as the documents it refers to shall be communicated to the Client at the time of the first use of the website following this modification by sending a PDF file.
18.4 Entirety of the contract
These General Conditions of Sale, the order summary transmitted to the Purchaser and, where applicable, the Special Conditions of Sale form a contractual whole and constitute the entirety of the contractual relations between the Parties.
In general, it is expressly agreed between THE MODAOLOGY and the Client that e-mails shall provide evidence between them as well as automatic registration systems used on the Website, particularly concerning the nature and date of the order.
The Client may access, where applicable and in accordance with common law rules, the electronic contract he or she made with THE MODAOLOGY.To do this, he or she shall write to the Client Services Department by e-mail providing it with all the necessary information to do this, particularly the order number and his or her contact details.
18.5 Non-waiver of the General Conditions of Sale
The fact that one of the parties to these General Conditions of Sale has not demanded the application of a given clause, permanently or temporarily, may not in any case be considered a waiver of the rights of this party arising under this clause.
18.6 Nullity
If one or several provisions of these General Conditions of Sale are held not to be valid or declared as such in application of a law, a regulation or following a decision that become final made by a competent court, the other stipulations of these General Conditions of Sale shall maintain their force and scope.
Where applicable, THE MODAOLOGY undertakes to delete and replace this clause immediately with another clause that is legally valid.
18.7 Titles
If there is a difficulty in interpretation of the title of any one of the articles and any one of the clauses, the titles shall be considered unwritten.
18.8 Applicable law - Disputes
The law applicable to these general conditions of sale and related orders is Azerbaijani law.
Subject to contrary provisions in the Azerbaijani civil procedure code, any dispute which arises concerning their validity, interpretation or their performance and which is not settled amicably by the parties to this deed shall be subject to the courts within the jurisdiction of Baku, notwithstanding multiple defendants or expert assessment.