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TERMS & CONDITIONS, LEGAL NOTICE, PRIVACY POLICY
MOKA – Terms & Conditions of Sale
By purchasing a MOKA bag, I acknowledge that the bags are handmade and that small imperfections may occur. These are artisanal products, not industrial ones, and this is also what gives them their unique charm:
• variations in the handles and in the weaving of the recycled plastic cords (row alignment, color combinations, weaving, finishes, symmetry, cord color), as well as small marks that may occur during transport
• loose threads or slight irregularities in the stitching of the recycled silk pouches
TERMS OF SERVICE
This website is operated by MOKA. Throughout the site, the terms “we”, “us” and “our” refer to MOKA. This website, including all information, tools and services available through it, is offered by MOKA to you, the user, provided that you accept all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms, conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation browsers, vendors, customers, merchants and/or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your region, province or state, or that you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction when using the Service (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone at any time for any reason.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks, and (b) changes made to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, the use of the Service, access to the Service, or any contact on the website through which the Service is provided, without express written permission from us.
Headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit quantities of any products or services that we offer. All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email address and/or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Return Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating their content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.
SECTION 9 – COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries), or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
We are under no obligation (1) to maintain comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. Please refer to our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules or laws;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of our Service will be uninterrupted, timely, secure or error-free.
You agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are provided “as is” and “as available”, without any representations, warranties or conditions of any kind, either express or implied.
In no case shall MOKA, our directors, officers, employees, affiliates, agents, contractors, suppliers or service providers be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages arising from your use of the Service or any products purchased through the Service.
Some jurisdictions do not allow limitations on liability for incidental or consequential damages, so our liability in such jurisdictions shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless MOKA and our affiliates, partners, officers, directors, agents, contractors, service providers and employees from any claim or demand made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed, without affecting the validity of the remaining provisions.
SECTION 16 – TERMINATION
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we suspect that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service and any policies posted by us on this site constitute the entire agreement between you and us and govern your use of the Service.
SECTION 18 – GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of France.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates on our website. Continued use of the site constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: moka.mysore@gmail.com
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LEGAL NOTICE
Definitions
Client: any professional or natural person with legal capacity under Articles 1123 et seq. of the French Civil Code, or any legal entity, who visits the Site subject to these general terms.
Services: the website “https://www.moka-bags.com” provides Clients with services and content.
Content: all elements constituting the information available on the Site, including texts, images and videos.
Customer Information: hereinafter referred to as “Information(s)”, meaning all personal data that may be held by “https://www.moka-bags.com” for account management, customer relationship management, and for analytical and statistical purposes.
User: any internet user connecting to and using the above-mentioned Site.
Personal Information: “Any information relating to an identified or identifiable natural person.”
The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: Regulation No. 2016/679).
1. Presentation of the website
In accordance with Article 6 of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy, users of the website “https://www.moka-bags.com” are informed of the identity of the various parties involved in its creation and maintenance:
Owner: KARAPETIAN MONIKA – 59 BD PIERRE MENARD, 13011 MARSEILLE
Publishing manager: KARAPETIAN MONIKA - moka.mysore@gmail.com
The publishing manager may be a natural or legal person.
Webmaster: KARAPETIAN MONIKA – moka.mysore@gmail.com
Host: SHOPIFY – 151 rue O’Connor, Ground Floor, Ottawa K2P 2L8, Ontario – +1 613 241 2828
Data Protection Officer: KARAPETIAN MONIKA – moka.mysore@gmail.com
2. General terms of use of the site and services
The Site constitutes a work protected by intellectual property laws and applicable international regulations.
The Client may not reuse, transfer or exploit for their own account all or part of the elements or works of the Site.
Use of the website “https://www.moka-bags.com” implies full and unconditional acceptance of the terms of use described below. These terms may be modified or supplemented at any time; users are therefore encouraged to consult them regularly.
The website is normally accessible at all times. However, interruptions for technical maintenance may be decided by “https://www.moka-bags.com”, which will endeavor to inform users in advance of the dates and times of such maintenance.
The website is regularly updated by its owner. Likewise, the legal notices may be modified at any time and are binding on users, who are encouraged to review them frequently.
3. Description of services provided
The purpose of the website “https://www.moka-bags.com” is to provide information about all of the company’s activities.
“https://www.moka-bags.com” strives to provide information that is as accurate as possible. However, it cannot be held responsible for omissions, inaccuracies or failures to update, whether due to its own actions or those of third-party partners.
All information provided on the site is for informational purposes only and is subject to change.
4. Contractual limitations on technical data
The site uses JavaScript technology.
The website cannot be held liable for material damage related to use of the site. Users agree to access the site using recent hardware, free of viruses, and with an up-to-date browser.
The site is hosted within the European Union in accordance with GDPR regulations.
Neither “https://www.moka-bags.com” nor the host can be held liable for internet network failures or access issues.
5. Intellectual property
“https://www.moka-bags.com” owns or holds usage rights for all elements accessible on the site.
Any unauthorized use constitutes infringement and may result in legal action.
6. Limitation of liability
“https://www.moka-bags.com” acts as the publisher of the site and is responsible for the accuracy of its content.
The site shall not be liable for indirect damages resulting from use of the site.
7. Personal data management
Personal data collected on “https://www.moka-bags.com” is processed in compliance with GDPR.
Data controller: KARAPETIAN MONIKA.
Data is collected for site operation, order processing, fraud prevention, communication and analytics purposes only.
Personal data is never sold.
8. Cookies
Cookies may be used to improve browsing experience. Users can manage or disable cookies through their browser settings.
9. Governing law
Any dispute related to use of the site “https://www.moka-bags.com” is governed by French law. Jurisdiction is assigned to the courts of MARSEILLE.
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MOKA PRIVACY POLICY
This Privacy Policy describes how your personal information is collected, used and shared when you visit or make a purchase from mokathelabel.com.
PERSONAL INFORMATION WE COLLECT
When you visit mokathelabel.com, we automatically collect certain information about your device, including details about your web browser, IP address, time zone, and some of the cookies installed on your device.
In addition, as you browse mokathelabel.com, we collect information about the individual web pages or products you view, the websites or search terms that referred you to the Site, and how you interact with mokathelabel.com. We refer to this automatically collected information as “Device Information.”
We collect Device Information using the following technologies:
COOKIES
Below is a list of cookies we use. We list them here so you can choose whether or not to allow them.
_session_id, unique session identifier, allows Shopify to store information about your session (referrer, landing page, etc.).
_shopify_visit, no data held, persists for 30 minutes from the last visit. Used by our website provider’s internal stats tracker to record the number of visits.
_shopify_uniq, no data held, expires at midnight (based on the visitor’s location) the next day. Calculates the number of visits to a store by a single customer.
cart, unique identifier, persists for 2 weeks, stores information about the contents of your shopping cart.
_secure_session_id, unique session identifier.
storefront_digest, unique identifier, indefinite if the shop has a password, used to determine whether the current visitor has access.
Log files track actions occurring on the Site and collect data such as your IP address, browser type, internet service provider, referring/exit pages, and date/time stamps.
Web beacons, tags and pixels are electronic files used to record information about how you browse mokathelabel.com.
Additionally, when you make or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit card numbers), email address and phone number. We refer to this information as “Order Information.”
When we talk about “Personal Information” in this Privacy Policy, we mean both Device Information and Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the Order Information we collect generally to fulfill any orders placed through the Site (including processing your payment information, arranging shipping, and providing invoices and/or order confirmations).
In addition, we use this Order Information to:
• communicate with you;
• screen our orders for potential risk or fraud; and
• when in line with the preferences you have shared with us, provide you with information or advertising relating to our products or services.
We use the Device Information we collect (in particular your IP address) to help us screen for potential risk and fraud, and more generally to improve and optimize our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).
SHARING YOUR PERSONAL INFORMATION
We share your Personal Information with third parties who help us use your Personal Information as described above.
For example, we use Shopify to power our online store — you can read more about how Shopify uses your Personal Information here: https://www.shopify.com/legal/privacy.
We also use Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your Personal Information here: https://www.google.com/intl/en/policies/privacy/.
You can opt out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your Personal Information to comply with applicable laws and regulations, respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
BEHAVIOURAL ADVERTISING
As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you.
For more information about how targeted advertising works, you can visit the Network Advertising Initiative’s (NAI) educational page at:
http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
FACEBOOK – https://www.facebook.com/settings/?tab=ads
GOOGLE – https://www.google.com/settings/ads/anonymous
BING – https://about.ads.microsoft.com/en-us/resources/policies/personalized-ads
You can also opt out of some of these services by visiting the Digital Advertising Alliance’s opt-out portal at:
https://optout.aboutads.info/?c=3&lang=en
DO NOT TRACK
Please note that we do not alter our Site’s data collection and use practices when we see a “Do Not Track” signal from your browser.
YOUR RIGHTS
If you are a European resident, you have the right to access the personal information we hold about you and to ask that your personal information be corrected, updated or deleted. If you would like to exercise this right, please contact us using the contact information below.
Additionally, if you are a European resident, we note that we process your information in order to fulfill contracts we might have with you (for example if you place an order through the Site), or otherwise to pursue our legitimate business interests listed above.
Please also note that your information will be transferred outside of Europe, including to Canada and the United States.
DATA RETENTION
When you place an order through the Site, we will maintain your Order Information for our records unless and until you ask us to delete this information.
CHANGES
We may update this privacy policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal or regulatory reasons.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by email at moka.mysore@gmail.com, or by mail at the following address:
59 bd pierre menard, marseille, 13011, France