1. Applicability

1.1 The terms and conditions (hereafter called: conditions) are applicable on all offers, orders and agreements from Modaki.

1.2 Accepting an offer or placing an order implies that you accept the applicability of these conditions.

1.3 Deviations from these conditions are only respected when Modaki has agreed upon these deviations in writing.

1.4 All other terms of these conditions will remain effective should one or more of the terms be nullified and/or be made invalid. By mutual arrangement, Modaki and the client will then form new terms to replace those nullified and/or made invalid, as much as possible following the implied purpose of the term(s) in question.

1.5 These conditions respect consumer rights as stipulated by law from the sales agreement.

2. OFFERS AND AGREEMENTS

2.1 Modaki reserves the right to modify prices, especially when necessary because of legal constraints. All offers are on a basis of availability.

2.2 An agreement is only made after the acceptance of your order by Modaki; after the order form on the Modaki online store has been filled out correctly. An agreement is in place when Modaki sends a confirmation of the order to the buyer.

2.3 Modaki is entitled to refuse orders, or impose certain conditions to them, unless expressly stated otherwise.

2.4 Modaki will notify a buyer within ten (10) days after receipt of the order should that order be refused.

2.5 Modaki is not obliged to deliver products that are out of stock when orders for the product are made until the product has been produced and is in stock.

2.6 Modaki has made every effort to display as accurately as possible the colours of our products that appear on the website. However, slight differences may occur due to resolution as computer monitors vary and have different colour calibrations.

2.7 The buyer and Modaki expressly agree that a valid agreement is in place through electronic communication, once these conditions have been followed and the order procedure has been completed.

2.8 The following information will be stated in the order confirmation: A description of the product the customer has purchased, the product number, size, colour and quantity of the product purchased. Price of the product in Indian Rupee Notes(INR). Shipment and handling fees that result from the agreement Modaki has made with the customer. Customer details, such as name, invoice or delivery address, e-mail address and customer phone or fax number. The order number of the agreement. The e-mail address of Modaki the customer should use for questions regarding the order.

3. PRICES AND PAYMENTS

3.1 All quoted prices are in Indian Rupee Notes(INR), include VAT and exclude shipment and handling fees, other taxes and charges, unless specified otherwise or agreed upon in writing. All prices are subject to change.

3.2 Payment without discounts or compensation is due within fourteen (14) days after the invoice date, unless otherwise agreed upon in writing.

3.3 Reimbursement: If you have already made the payment when the agreement with Modaki is canceled in accordance with the cooling-off conditions (referring to ‘terms and conditions’), Modaki will reimburse the customer for the payments already received within 14 days after receipt of the returned product.

4. DELIVERY / DELIVERY TIME

4.1 The delivery time of any product may be up to 30 days or as much shorter as possible. All delivery times specified by Modaki are of an indicative nature only.

4.2 Exceeding the delivery time does not give any rights for compensation by Modaki or order cancellation.

4.3 When the customer has already made payments as per the agreement that will be annulled in accordance with article 4.2, Modaki will return the sum already paid within 14 business days after receipt of the annulment specified in article 4.2.

4.4 Delivery of the products will take place on the location and time when the products are ready to be delivered to the customer.

5. FABRIC/COLOR

5.1 Fabric : Some products have digital printing on fabric on which slight variation might occur in different parts or patches. This is a general property of the fabric which cannot be controlled.

5.2 Colour : Display of colours on varied monitors and screens can differ depending on factors like resolution and others. Efforts have been made to showcase colours as accurately as possible but it can vary on different devices and screens.

6. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

6.1 All rights of intellectual property on the products delivered to the customer, and subjects in relation with the online Modaki store are the property of Impulse Private Limited. The intellectual property includes patents, authors, brands, drawings, model rights and/or other intellectual property.

6.2 Modaki does not guarantee that any of the products delivered do not infringe any (unwritten) intellectual or industrial property rights of third parties.

7. COOLING-OFF PERIOD

7.1 The customer is obliged to inspect the products thoroughly and immediately after delivery. Any damage and/or missing parts in the product(s) must be reported as soon as possible.

7.2 After receipt of the order, the customer is entitled to annul the agreement with Modaki within fifteen (7) business days of receipt. There is no obligation to specify a reason for doing so. The customer will need to inform Modaki in writing (via fax, mail, or e-mail) should he or she wish to annul the agreement in accordance with article 7.1 of these conditions, After consulting Modaki, the customer should return the product to the address specified by Modaki. The customer will be responsible for shipment costs and any risks during transport. Modaki can, in consultation, in some cases make an exception.

7.3 Modaki reserves the right to refuse returned products or to only reimburse a part of the total amount when it is suspected that the product has been opened, used, or damaged by fault of the customer (not by fault of Modaki or the supplier of the product).

7.4 Modaki will inform the customer in writing (by fax, mail, or e-mail) when returned products are damaged because of negligence of the customer or other factors that are at the customer's risk. Modaki may charge the customer for the depreciation of the product by deducting it from the amount to be reimbursed.

7.5 Any complaints founded on facts that justify the proposition that the delivered product does not answer to the agreement, are only valid for a period of three months after receipt by the customer.

8. ORDERS / COMMUNICATION

8.1 Modaki will not be held responsible in case of misunderstandings, damages, delays or inadequate communication of orders and announcements as a result of using the Internet or any other means of communication between the customer and Modaki, or between Modaki and third parties, concerning the relation between the customer and Modaki.

9. PRIVACY

9.1 Details provided by the customer will be held on file by Modaki. Your details will be used to process your order and may be put at the disposal of third parties should this be necessary. Our records are registered with the council for the protection of personal details (the current registration chamber).

9.2 Unless the customer has indicated not to appreciate this, this information will be entered into our database. Your details will be processed in accordance with the laws and regulations that apply.

9.3 Customer credit card data - like the card number and expiry date - will never be stored in any file.

10. CIRCUMSTANCES BEYOND OUR CONTROL

10.1 Without affecting the other rights, Modaki has the right to suspend or cancel your order without judicial intervention in circumstances that are beyond our control. We will inform you about this in writing. Modaki cannot be held liable for compensation in any way unless the circumstances dictate a certain degree of liability in fairness and reasonability.

10.2 Circumstances beyond our control are circumstances in which a fault cannot be attributed to Modaki as we hold no blame according to law, legal act, or common regulations in traffic.

11. RISKS

11.1 Risks during transport of the products ordered by the customer are the responsibility of Modaki. At the moment of delivery, or the moment that is in all reasonability regarded as delivery, the responsibility for the product is transferred into the care of the customer, not withstanding legal obligations that cannot be excluded by Modaki.

12. WARRANTY

12.1 When indicated with the product on the website, Modaki provides a warranty. This warranty does not affect your consumer rights as stipulated by law.

13. COMPLAINTS

13.1 All complaints relating to delivery, quality, and any other complaints will be taken seriously by Modaki.

13.2 Customers should make any complaints known to Modaki within fifteen (15) business days.

13.3 Modaki will try to resolve the complaint within ten (10) business days. Modaki will inform the customer about this in writing (by e-mail).

14. CUSTOMER SERVICE

14.1 All communications based on these conditions will take place by email: support@Modakikids.com

15. MISCELLANEOUS

15.1 When you inform Modaki in writing of a delivery address, Modaki will be justified to deliver all orders to that address, unless you inform Modaki in writing that your orders should be sent to a different address.

15.2 Should Modaki for a duration of time deviate from these conditions in any way, it will form no legal impediment for Modaki to demand strict compliance to those conditions at a later time. You will never acquire any rights based on leniency in applying the conditions by Modaki.

15.3 In the event that one or more of these conditions or any other agreement with Modaki is in conflict with the law, the condition in question will be made invalid to be replaced by a new condition serving the same purpose but in agreement with the law.

15.4 Modaki may use third parties to fulfill your order(s).

16. APPLICABLE LAW AND COURT

On all rights, obligations, offers, orders, and agreements these conditions apply to, as to these conditions themselves, only the Indian law applies.

All disputes between parties will only be brought before an Indian court presided by a judge qualified by India.