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Terms of use




1. General

The following terms and conditions (henceforth: the Terms and Conditions”) are valid between you and Polina Moroz and apply to all use of and orders placed on a website polinamoroz.com, and orders made by telephone, e-mail or by live chat with the company’s team team (henceforth together: the “Website”). Please note that the company does not guarantee that all products presented on the Website are in stock or are available for purchase. Polina Moroz reserves its right to stop selling a product. Orders can only be placed by persons that are 18 years or older. Polina Moroz reserves the right to revise the Terms and Conditions at any time. The date of the latest update is found in the final section of the Terms and Conditions. Users are responsible for keeping themselves updated with such changes. Please note that the terms and conditions valid for your order is always the terms and conditions that is in effect as of the time that you have placed your order and not a later version. You should keep a copy of these Terms and Conditions for future reference.




2. Language

The language of the Terms and Conditions is English.




3. Placing order

By using the Website and/or placing an order on the Website, by telephone, e-mail or by live chat you confirm that you have read the Terms and Conditions and the Privacy Policy, and that you accept them; if you do not accept these Terms and Conditions and Privacy Policy, do not place an order. Please make sure that you have read and understood the Terms and Conditions before you place an order. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of products may be lost. In such case, you will be required to re-enter your selection of products to the shopping bag.




4. Order confirmation

After submitting your order, we will send you an order confirmation e-mail with your order number, details of the product you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order. Acceptance and shipping confirmation Please note that all orders placed by you are subject to availability. Once the order has been processed, a shipping confirmation e-mail will be sent with all relevant information about your order. The shipping confirmation or pick-up notification is our acceptance of your order. Please note that the company does not guarantee that all products presented on the Website are in stock at the time of your order. If a product is unavailable, we will contact you shortly, by phone or by e-mail. If we already have received payment for such product, we will refund you the amount of the purchase.




5. Colors

The company’s goal is to describe the products at the Website as correctly as possible. However, please note that due to the color settings of your computer, the colors of the products shown in the pictures on the Website can differ somewhat from their actual colors. Mythology cannot be held responsible for any such discrepancy.




6. Prices

The prices and delivery costs shown on the Website include sales tax. The delivery costs are shown in connection with the shipping methods at the checkout stage.




7. Personalised items

Personalised products through printing of initials cannot be returned or refunded. Once the order has been sent by the customer and confirmed by Polina Moroz, the customer will be informed via an order confirmation email. Once the order is processed and accepted, the customer will receive a shipping confirmation email. Personalised items may be delivered in a time slot indicated on the site which may be longer than regular delivery slots. Because of the clearly personalized nature of personalised products and the fact that they are produced specifically for the customer, they cannot be returned, refunded or exchanged. Similar, the customer does not have the right to cancel the order.




8. Payments

Please note that only payments via Paypal are accepted.




9. Delivery

Shipping methods

Dispatch of orders may take up to 7 business days but we aim to dispatch all orders within 48 hours during weekdays. The delivery times do not take into account possible delays caused by payment authorization and/or stock availability. If Polina Moroz fails to deliver within 30 days, you may have the right to cancel the purchase. Your order will be delivered to the shipping address you have indicated.







10. Returns and exchanges

Returns

You are entitled to return your purchase for a refund or exchange your product/s by submitting or sending notice thereof via polinamoroz.com website contact form and postmarking/dispatching the product/s within 14 days of the date on which you have received the product, provided the product has not been materially used or worn.

Please include the order number of the transaction with your request. In due course, we will send you a confirmation that we have received your notice and that it is being processed. Please always refer to your order number in all communications with us. You may wish to keep a copy of your return/exchange request for your own records.

Upon sending notification to us of your return or exchange request, please return the product/s as soon as reasonably practicable but no later than 7 days after sending your notice.

When returning please follow the steps below.

-   Please specify the order number received with email and a reason for return/exchange




Refund relating to returns

If you choose to return your purchase in accordance with the terms set forth in this section 11, Mythology will issue a refund of the amount paid to Mythology. Mythology will pay the refund within 14 days of the date on which we have received the product/s back from you or if Mythology has obtained proof that the products have been sent back to Mythology. The refund is made using the same payment method you used at the purchase if you do not explicitly accept another method.

Please note that Mythology only issues a full refund if the product/s is in the same conditions as at the time of delivery. If the products’ value has diminished due to your handling of the products to a greater extent than is necessary in order to ascertain its characteristics or function, you have an obligation to reimburse us. Thus, Mythology then has the right to withhold such amount of the refund.

To avoid a deduction, please make sure the product you wish to refund is in the exact same condition as when you received them. Scarves that come in a special box, must be returned in their undamaged original box which is considered to be a part of the product.




Exchanges

Purchased products are exchangeable into a different color variation in accordance with the terms set forth in this section 11. All exchanges are based on stock availability. If you have exchanged a product, Mythology will pay the shipping costs for the new product.




Shipping costs for returning the products

Please note that the shipping cost for return/exchange is provided by the client.







Sale

Discounted items purchased during Mythology pop-up sale are Final Sale, and therefore not eligible for return or exchange.




11. Defective products

If you receive defective products, please notify us immediately and within a reasonable time after you have detected that the products are defective. If Mythology reasonably determines that the products are in fact defective, Mythology reserve the right to send you a non-defective identical replacement item will make a full refund to you, including shipping costs.




12. Mythology quality guarantee

Mythology acts in accordance with applicable consumer regulations. Please notify us as soon as possible after receiving defective products.




13. Copyright permission notice

Copyright in the documents provided in this site (including, without limitation, the trademarks of Mythology, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Mythology and its affiliates. You are authorized to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Mythology. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied. For press inquiries, please view our contact page.







14. Privacy policy

Please see Mythology separate Privacy Policy which can be found at http.polinamoroz/shop




15. Cookies

Cookies are used on the site to improve your browsing experience. In addition to use for statistical purposes, cookies identifies your computer and allows the site to recall your personal settings. You browser can be set to send a notification when a cookie is activated. This allows you to deny use of this cookie or to delete the cookie at the end of your visit. The Website cannot be accessed if cookies are disabled. By browsing the Website you consent to the use of cookies.







16. No liability

While Mythology endeavors to keep your information private, in no event will Mythology be liable to you for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of data, loss of programs, cost of procurement of substitute services or service interruptions) arising out of the use of or inability to use the Website, even if Mythology or its agents or representatives know or have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Mythology liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Mythology.

To the fullest extent permitted by applicable law, Mythology and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (all of the foregoing, collectively, the "Indemnified Parties") shall in no event be liable for any claims, charges, demands, damages, liabilities, losses, or expenses of whatever nature and howsoever arising, including without limitation any compensatory, incidental, direct, indirect, special, punitive, or consequential damages, loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, claims of third parties, or other losses of any kind or character, even if Mythology or the Indemnified Parties have been advised of the possibility of such damages or losses, arising out of or in connection with the use of this Site or any Web site with which it is linked. You assume total responsibility for establishing such procedures for data backup and virus checking as you consider necessary.




17. Resale Policy

You may purchase products on http.polinamoroz.com for personal use only and not for resale. By placing an order on http.polinamoroz.com, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.




18. Information on the website

Mythology cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Mythology may, at any time, amend the content of the site. Although Mythology strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are maintained by third party operators. In situations where Mythology acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Mythology cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Mythology cannot guarantee problem-free, uninterrupted, and secure access to the site.




19. Links

The Website may contain links to other websites beyond our reach. We cannot be held liable for content or privacy policies of such sites.




20. Violation of rules

Mythology reserves the right to seek all solutions available at law and in equity for violations of these Terms and Conditions, including the right to block access to the site. Individuals violating the restriction of password-protected areas of the site may be subject to prosecution.




21. Mythology responsibility

Mythology liabilities to you are limited in each separate case to these Terms and Conditions unless otherwise is stipulated by law. In no case whatsoever will Mythology assume any liability for indirect damages such as loss of profit or in case of force majeure such as war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or alien invasion. Mythology liabilities to you will never exceed your total purchase amount for each order. In case of force majeure, Mythology obligations will be suspended. The contract between you and Mythology can, in such cases, be partially or fully terminated by yourself or by Mythology.




22. Provisions severability

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.




23. Claims resolution

Contact Mythology customer service First

If a dispute arises between you and Mythology, our goal is to learn about and address your concerns. You agree that you will notify Mythology about any dispute you have with Mythology regarding these Terms & Conditions by contacting Mythology.

Binding Arbitration

You and Mythology agree, subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), to submit any claim, dispute, action, cause of action, issue, or request for relief arising out of or relating to these Terms & Conditions or your use of the Products to binding arbitration rather than by filing any lawsuit in any forum other than set forth in this section. Further you agree arbitration is final and binding and subject to only very limited review by a court. You also waive your right to any form of appeal, review or recourse to any court or other judicial authority, insofar as such waiver may be validly made.

This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to your use of the Products. Subject to section 26(G) (Protection of Confidentiality and Intellectual Property Rights), any dispute or claim made by you against us or us against you arising out of or relating to these Terms & Conditions or your use of the Products(whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that you may take claims to small claims court if they qualify for hearing by such a court.

Arbitration Procedures

You must first present any claim or dispute to Mythology by contacting us to allow us an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within 60 days after presenting the claim or dispute to Mythology. Mythology may request arbitration against you at any time after it has notified you of a claim or dispute in accordance with section 27(Notifications).

The arbitration of any dispute or claim shall be conducted in accordance with the then current and applicable rules of the American Arbitration Association as modified by this agreement. The place of any arbitration will be New York, NY, USA, and will be conducted in the English language. Claims will be heard by a single arbitrator. The arbitrator may not award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, award punitive or consequential damages or any other damages aside from the prevailing party’s actual damages, or order injunctive or declaratory relief, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.

Any arbitration shall be confidential, and neither you, nor Mythology nor the arbitrator may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration section is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

No Class Actions

There shall be no right or authority for any claims subject to this arbitration section to be arbitrated on a class action or consolidated basis or on bases involving claims brought in a purported representative capacity on behalf of the general public (including, but not limited to, as a private attorney general).

Fees and Expenses.

All administrative fees and expenses of arbitration will be divided equally between you and Mythology. Each party will bear the expense of its own counsel, experts, witnesses and preparation and presentation of evidence at the arbitration hearing.

YOU MUST CONTACT Mythology WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS, OR DISPUTE.

Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, Mythology may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.




24. Notifications

Mythology may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your Mythology account, hard copy, or posting of such notice on the Mythology website. Mythology is not responsible for any automatic filtering you or your network provider may apply to email notifications.




25. Governing law

This agreement shall be governed by, construed and enforced in accordance with the laws of United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms, or any items purchased from Mythology, shall be filed only in the courts located in New York County, New York and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action, unless such action is required to be arbitrated as set forth in an above section.




26. Version of the terms and conditions

The latest update of the Terms and Conditions of Mythology was made in October, 2020.