Terms and conditions
TERMS & CONDITIONS
The owner of the website www.us.mitilianecouture.com is SC KASABIAN PROD SRL, a Romanian limited liability company, registered with the registry of Commerce of Bucharest under no. J40/4281/29.03.2017 | CIF:3730016
The terms ”MITILIANECOUTURE” or ”us” or ”we” refer to the owner of the website whose name is Mnk Leatherwear Online SRL. The term ”you” refers to the user or viewer of our website. The term ”Site” refers to our website.
MITILIANECOUTURE’s website and related services are made available to you in accordance with the following Terms & Conditions. Please read our Terms & Conditions carefully before placing any orders on us.mitilianecouture.com.
We may modify the Terms & Conditions from time to time. Please read the Terms & Conditions and check back often. If you do not agree to any change to the terms, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.
To use some of the services or features made available to you on this Site 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. Should any of your registration information change, please notify us immediately at the following e-mail address [email protected]
The account password you provide should be unique and kept secure, and you must notify MITILIANECOUTURE immediately of any breach of security or unauthorized use of your account.
ELIGIBILITY TO PURCHASE
In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
The Site is available only to individuals and others who meet the MITILIANECOUTURE terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to MITILIANECOUTURE, whose applications are acceptable to MITILIANECOUTURE and who have authorized MITILIANECOUTURE to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase.
For making the payment of the ordered items you expressly authorize us to perform some checks to validate your card and to authenticate your identity.
Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.
MITILIANECOUTURE offers products for sale that are in stock and available for dispatch from our distribution center. Consequently you may from time to time be given the possibility of making an Advance Payment for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once the stock has been delivered to our warehouse. MITILIANECOUTURE will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at MITILIANECOUTURE. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.
Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment to your credit/debit card within fourteen (14) days of being advised that merchandise has become unavailable.
If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.
MITILIANECOUTURE will store a record of your transactions for a minimum of one year.
By checkout you agree that all data provided by you needed the sale process are accurate, complete and true at the time of placing the order.
By checkout you agree that MITILIANECOUTURE may contact you by any means available / accepted by MITILIANECOUTURE, in any situation where it is necessary to contact you
Prices shown on the Site are in USD, EUROS or RON. Company is not VAT payer.
All prices and offers remain valid as advertised from time to time. The USD, EUROS or RON price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.
Product prices are set when we post an item using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are not included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.
If you are a Romanian customer whose credit/debit card is not denominated in RON, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. For the Romanian customers the payment shall be done only in RON.
If you are a customer other than Romanian whose credit/debit card is not denominated in USD, EUROS or RON, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and MITILIANECOUTURE will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded as a distance sale contract and the language of the contract is Romanian or English, by case.
Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of MITILIANECOUTURE.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or your data provided by you on Site are incomplete or incorrect or that you do not meet the eligibility criteria set out within the Terms & Conditions.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able, but no later than fourteen (14) days of being advised we have not accepted your order and/or that the relevant part of your order has been cancelled. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.
TRANSFER OF THE PROPERTY RIGHT
The ownership over the products shall be transferred, after the payment of the products, at the delivery to your specified delivery address by signing the receipt for transportation or directly the invoice issued by us, by case.
For payment of the products ordered to MITILIANECOUTURE you have more payment options:
- cash on delivery (only for Romania);
- online payment (using the payment platform PayU or iTransfer);
- bank transfer in our account.
For cash on delivery the payment shall be done only in RON, fully, at the delivery to the courier agent.
You can also make the payment by PayU platform, using Visa card, MasterCard, bank transfer or payment by PayPal. When selecting this option at checkout, you will be directed to the payment platform site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to manokhi.com. Payment will be debited and cleared from your account upon dispatch of your order by MITILIANECOUTURE. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to MITILIANECOUTURE, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using PayU platform.
Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.
In case of online payments or through bank, MITILIANECOUTURE is not/cannot be held liable for any other additional cost incurred by you, including but not limited to currency conversion fees imposed by your bank.
MITILIANECOUTURE will issue you an invoice for the products delivered, your obligation being to provide us with all necessary information for invoice issuance according to the legislation in force.
MITILIANECOUTURE will send the invoice for your order containing products sold by MITILIANECOUTURE exclusively in electronic form by adding the invoice in your account or by email at the email address mentioned in your account.
Using this method of communication, by accessing your account, you have a record of invoices issued by MITILIANECOUTURE and can save and archive them at any time and in any way you want.
By submitting your order, you agree to receive electronic invoices by adding them by MITILIANECOUTURE in your account or by electronic mail to the email address mentioned in your account.
If this information is unavailable for more than forty-eight (48) hours in the account, please notify us on this email address [email protected]
INSURANCE AND DELIVERY
MITILIANECOUTURE insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by MITILIANECOUTURE, and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders between 5-7 days. Estimated delivery times are to be used as a guide only and commence from the date of dispatch. MITILIANECOUTURE are not responsible for any delays caused by destination customs clearance processes.
Delivery is made to the address specified by you, in the system of door-to-door delivery. Usually for Romania MITILIANECOUTURE is working with Fan Courier and for other countries MITILIANECOUTURE is working with Fedex.
Goods can be delivered directly by MITILIANECOUTURE for Bucharest, Romania.
MITILIANECOUTURE ensure proper packaging of goods and ensure the transmission of documents.
MITILIANECOUTURE will make delivery of the goods only within the countries mentioned here.
Shipping cost Europe: 30 EUR
Shipping cost World Wide: 70 USD
RETURNS POLICY & EXCHANGES
Right to Cancel
You have the right to cancel your order within fourteen (14) days without giving any reason. The cancellation period will expire fourteen (14) days from the day after the day on which you acquire (or a third party other than a carrier and indicated by you acquires) physical possession of the last of the goods.
To exercise the right to cancel, you must inform us by email to: [email protected]
Before the expiration of the cancellation period, you have the right to cancel this contract without justifying the decision to cancel, without incurring any costs other than those mentioned in Art. 13 para. (3) and Art. 14 of G.E.O. no. 34/2014, within fourteen (14) days from the day you enter into physical possession of the product. You will have to bear the cost of returning the goods.
We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
We will make reimbursement without undue delay, and not later than:
(i) fourteen (14) days after the day we receive back from you any of the goods supplied; or
(ii) if no goods were supplied, fourteen (14) days after the day on which we are informed about your cancellation.
We will make reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the re-imbursement.
In the event that we have sent goods to you and you have cancelled your order, we may withhold reimbursement until we have received the goods back.
If we do not receive the cancelled order back, we may arrange to have it collected from you at your cost.
You are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning of the goods.
Please note you may only use your right to cancel the order if you give us formal written notice of cancellation any time after your order has been placed, up until fourteen (14) calendar days from the day after you receive your order, by email or post as described above, i.e. before requesting your Return Merchandise Authorization (RMA) through an email sent to [email protected]
An exception to the right to cancellation is the supply of goods made pursuant to your specifications or special personalized.
1. Fill out this return form, making sure the product you want to return meets the conditions of return below;
2. Select one of the options in the return form: exchange the same model (you can choose to exchange the size or color), replacement with a different product or refund of monies paid to purchase;
3. After approval of the request for return MITILIANECOUTURE will communicate you Return Merchandise Authorization (RMA) number;
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund.
If you opted for reimbursement of the amount paid at purchase and the product that you have returned fulfills the conditions for return, MITILIANECOUTURE will return your money in the account specified in the return form or on card, if you paid by card. The money will be transferred into your account or on card within maximum fourteen (14) days.
If you choose to return the product, direct costs of returning the product including shipping cost will be borne by you.
What conditions should the products meet:
You can return any product sold by MITILIANECOUTURE within fourteen (14) days from the time it was delivered by courier or directly by MANOKHI, as appropriate.
When returning, the product must be in the same condition in which you received it, unworn, no stains or tears. It needs to be accompanied by the original label intact in the original packaging, which contains the identification code of the article. Items should be returned unused and with all MITILIANECOUTURE garment tags still attached. Where provided, belts and any MITILIANECOUTURE packaging such as authenticity cards, dust bags, and leather tags should be included with your return. If the products that we have delivered were accompanied by eventual gifts when returning the products you must return the gifts as well.
If you bought more items of the same kind and want to return them all, only one product can be unsealed, we can accept the remaining items only if sealed.
Returns that are damaged or soiled or without tags may not be accepted and may be sent back to the customer and/or a refund refused.
Please email [email protected] if any of your purchases have been delivered without MITILIANECOUTURE tags.
All items returned should have a Return Merchandise Authorization (RMA) number to allow easy identification and prompt processing. Unidentified returns may be returned to the sender.
For shoes: All shoes should be tried on a carpeted surface before wear.
Colors: We have made every effort to display as accurately as possible the colors of our products that appear on MANOKHI. However, as computer monitors vary, we cannot guarantee that your monitor’s display of any color will be completely accurate.
Sale items (if applicable)
Only regular priced items may be refunded, unfortunately sale items cannot be refunded.
Exchanges (if applicable)
We only replace items if they are defective, damaged, or need to be resized. If you need to exchange it for the same item, send us an email at [email protected]
Late or missing refunds (if applicable)
If you haven’t received a refund yet, first check your bank account again.
Then contact your credit card company, it may take some time before your refund is officially posted.
Next contact your bank. There is often some processing time before a refund is posted.
If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected]tilianecouture.com.
To return your product, you should mail your product
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you, may vary.
If you are shipping an item over $70, you should consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item
We offer a flexible returns policy to make your online shopping experience even easier. However, we do monitor the number of returns made and may refuse to accept orders at our discretion if goods are returned repeatedly.
INTELLECTUAL PROPERTY RIGHTS
vYour use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including MITILIANECOUTURE Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by MITILIANECOUTURE and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. MITILIANECOUTURE tries to ensure that the information on this site is accurate and complete. MITILIANECOUTURE does not promise that MANOKHI’s Content is accurate or error-free. MITILIANECOUTURE does not promise that the functional aspects of the Site or MITILIANECOUTURE’s Content will be error free or that this Site, MITILIANECOUTURE Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
No Content submitted to you, by any means of communication (electronic, telephonic, etc) or acquired by you by accessing, visiting and / or viewing does not constitute a contractual obligation from MITILIANECOUTURE and / or employee / MITILIANECOUTURE servant who has mediated the content transfer.
You agree that you will be personally responsible for your use of this Site and for all of your 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 Terms &Conditions, we may deny you access to this Site on a temporary or permanent basis.
THIRD PARTY SITES
We may include hyperlinks on this Site to other websites or resources operated by parties other than MITILIANECOUTURE, including advertisers. MITILIANECOUTURE has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
LIMITS ON OUR LIABILITY
We do not seek to exclude our liability for negligence or fraudulent misrepresentation by us or our employees or agents.
If MANOKHI breaches the TERMS & CONDITIONS we shall only be liable for losses which are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and MITILIANECOUTURE at the time of you placing your order, and MANOKHI dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased.
We are not responsible for indirect losses or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the Terms & Conditions where such failure is due to events beyond our reasonable control.
For the sold products MANOKHI offer you the legal guarantee according to the provisions of the Romanian law for each type of product.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and MANOKHI as a result of the Terms & Conditions or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of MANOKHI, and we shall not be liable for any representation, act, or omission on your part.
If you breach the Terms & Conditions and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the Terms & Conditions
Neither party will be liable for failure to perform its contractual obligations if such a failure to timely and / or properly execute them, fully or partially is due to a force majeure event. Force majeure is unforeseeable, beyond the parties’ control and cannot be avoided.
If within fifteen (15) days from the date of its occurrence, the respective event does not stop, each party shall be entitled to notify the other party of the contract upon termination by operation of law without any of them being entitled to ask for other damages.
COMPLAINTS AND GOVERNING LAW
If you have a complaint about us email [email protected] giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The Terms & Conditions together with all our policies and procedures will be governed by and construed in accordance to the Romanian law and the relevant courts of Romania will have exclusive jurisdiction.
REGISTRATION OF REVIEWS, COMMENTS, QUESTIONS AND ANSWERS
Registration of Reviews, Comments, Questions and Answers can be done by the users / customers / buyers in the “Customer questions and answers ” and “Reviews”. The information submitted can be both positive and negative, and will cover the features and use of a product or service.
When you register a certain Review / Comment / Question / Answer to the Site, users / clients / buyers grant MITILIANECOUTURE a non-exclusive, perpetual, irrevocable, territory unlimited license and entitle MITILIANECOUTURE to use, reproduce, modify, adapt, publish, translate, distribute and display such content.
Each user / customer / buyer upon registration of Review / Comment / Question / Answer in the mentioned sections, undertakes to comply with the following rules:
- to refer only to the features and / or usage of a particular product or service, avoiding issues related to information that may change (price or offers) or information pertaining to exhibition mode command;
- to use non-offending appropriate language without terms that can hurt or affect any other user / customer / buyer;
- to ensure the correct classification of such content placed on the Site any Question will be entered in the ” customers’ questions and answers, and any Review will be enrolled in the” Reviews “;
- to ensure that the information entered by them are realistic, accurate, not misleading and in accordance with applicable laws, thus respecting the rights of other parties including copyright, trademark, license or other property, publicity or privacy rights;
- to use this feature only to communicate or to get more details about a product or service on the Site without reference to other companies that promotes buying and selling of products or services;
- not to provide or require, in any manner and in any extent, personal data (contact details, information about delivery address or home phone numbers, email addresses, name and / or last name, etc.) or any other information that may lead to the disclosure of personal information;
- not putting information and / or details of URLs (links) from other shopping sites that carry the same commercial activity as MANOKHI;
- not to try scamming services offered by MANOKHI or to enroll Reviews / Comments / Questions / Answers that contain advertising nature material;
- not to use the Review / Comment / question / answer as a means of communication with the seller, in this regard will use the contact information of the registered Seller.
Besides a realistic assessment when registering a Review the user / customer / buyer will add a relevant Rating related to the product or service. Review sites, along with their corresponding rating sites, will influence the overall rating of the product or service number in brackets next to their title. Thus a Review accompanied by a large Rating lead to a Rating increase in the general community, and a Review accompanied by a small Rating leads to a general Rating decrease.
Users / clients / buyers who enroll Reviews that attach photo or video files will comply with the following rules:
- uploaded files will contain images and / or videos that relate to the product or service for which you write Reviews, ensuring that uploaded files comply with copyrights;
- uploaded files will not contain violence, adult content, licentious language or other content that offends someone / a group based on race or ethnic origin, religion, disability, gender, age, veteran status, sexual or political orientation;
- uploaded files will not contain information about other individuals;
- uploaded files will not contain watermark URLs or links to sites that carry the same commercial activity as MANOKHI.
When a Review / Comment / Question or Answer is signaled by a user / customer / buyer as having inappropriate content, from a purely subjective perspective, this content is examined carefully by MITILIANECOUTURE to determine whether it violates the Site Terms & Conditions. The texts, photos or videos inserted are removed from the site only after their examination by MITILIANECOUTURE.
If the Seller finds violation of the Terms & Conditions repeatedly, it reserves the right to suspend the user / customer / buyer possibility to enroll Reviews / Comments / Questions and Answers in the “Customers Questions and Answers ” and “Reviews”.
For complaints or claims related to property acquired, you can write to [email protected] The maximum grievance or complaint settlement term is 30 calendar days of receipt.
All MITILIANECOUTURE pieces are 100% hand crafted in ROMANIA.
Please refer to the SIZE CHART to understand how we size our styles. If your measurements are not listed, we are able to offer custom sizing with an added cost.
We are able to take requests for custom designs. You can send us the details by mail at [email protected]
As each item is individually hand crafted per order, we reserve from 5-7 days for your order to be processed and created. Please take this timing into consideration when placing your order. If your order is time sensitive, please email us at [email protected] to discuss expedited shipping options.
Our customer care team is available 24 hours a day, seven days a week.
We’re on hand to assist with:
- Size and fit advice
- Detailed product information
- Delivery questions
- Exchange and return queries
- Placing orders
We re here to assist you for:
- Feedback & Suggestions
- Press & Media
- Potential Contributors (Suppliers, Photographers, Fashion Journalists or Editors)