TERMS & CONDITIONS

The following document describes the terms and conditions applicable to the use of the services offered by MODA LAB, within the www.modalab.co site, hereinafter MODA LAB or the “website”. Any person who purchases goods or services through this web site will be subject to the Terms and Conditions presented here, together with all other MODA LAB policies and principles.

I. OBJET

The present terms and conditions are intended to regulate the use of the virtual space granted by the www.modalab.co platform, through which users can purchase products displayed on the website. The platform serves as a meeting point between customers and sellers.

II. PARTS

Website/ MODA LAB: It is the virtual space destined for the exhibition of goods and services, as a communication channel between THE DESIGNER/BRAND and the buyer as a USER or CUSTOMER.

THE DESIGNER/BRAND: Individual or legal entity, who uses MODA LAB’s virtual space for the exhibition of their products.

USER/ CUSTOMER: Individual or legal entity that as a final recipient acquires by purchasing products from THE DESIGNER/BRAND displayed on the website.

III. REGISTRATION

Through MODA LAB, the CUSTOMER may acquire the products exhibited by THE DESIGNERS/BRANDS. Therefore, the USER must comply with the following:

  • If the USER decides to buy any of the products mentioned on the website, he can do it through the available payment gateway, for this, it will be necessary to provide personal information, such as, email, ID number, billing address, shipping address and phone number, among other information, along with payment information for the respective payment.
  • In the event that the USER registers on the website, he must follow the indicated steps, providing personal data that allows his identification. Once completed, THE USER will assign a secret password, which will allow access to his/her profile. The USER must be responsible for the reservation and administration of the password.
  • When entering his personal data, THE USER declares under oath that the information is truthful and current.

IV. USE OF THE PLATFORM – PROCEDURE

MODA LAB exhibits through the website products of THE DESIGNERS/BRANDS, which are available to the CUSTOMER for their knowledge, as a reference for the sale. The steps that must be followed to buy products through the website are the following:

1. Entry: Upon entering modalab.co, it implies the express acceptance by the USER of all the policies established in the Terms and Conditions.
2. Selection of the product: Once selected, it is made available to consume the characteristics and the total value of the product, through photographs, which allow full individualization of the product for the CUSTOMER.
3. Product validation: Once the previous step has been completed, a summary of the product will be displayed to the CUSTOMER, showing the general conditions, such as the brand and the presentation of the product.
4. Shopping cart: The entry of the product into the shopping cart expresses the unequivocal will of the CUSTOMER in acquiring a specific product. It is understood up to this point, that the CUSTOMER, has all the sufficient information of the product, and has the possibility of acquiring it or not, with total autonomy to limit the entry of the product to the shopping cart on the occasion of the quantity.
5. Value: As a final step, the USER will make visible in the summary the value to be paid for the purchase of the products purchased. This value reflects: value of each product, the shipping cost, and the total value to pay.
6. Payment: The USER must complete the necessary data to make the payment, which will be made through the virtual payment gateway provided by MODA LAB for this purpose. The USER understands and accepts that it must be subject to the terms and conditions of the payment gateway.
7. Shipment: Verified all the data corresponding to the transaction and the coverage of the delivery, the product will be delivered to the address provided and in the term defined at the end of the operation.
8. The USER is responsible for the supply of personal data, therefore, MODA LAB, is not responsible for the failures and inaccuracies of the data provided.

    V. PURCHASE CONSENT

    In accordance with Law 572 of 1999 (Colombia), the validity of the declaration of will may be made through electronic means. Therefore the USER, when accepting the purchase steps of the website, expresses the consent for the acquisition of these products, which is confirmed with the final acceptance of purchase once the USER reviews the order summary.

    VI. PAYMENT PROCEDURE

    MODA LAB is a virtual space for different brands as sellers to display their products through this website. The purchase occurs when customers pay the price of the product, including shipping costs, through the electronic payment system available on the website.

    The payment gateway provided on the website allows the customer to choose the payment method of their choice, which may be: (i) credit card, (ii) debit (only Colombia), (iii) or through physical collection points (only Colombia).

    The CUSTOMER, when making payments through the payment gateway available on the website, will have the obligation to verify the data recorded according to the procedure stipulated and available therein, subject to the terms and conditions of the payment gateway.

    VII. USER/CUSTOMER OBLIGATIONS

    With the acceptance of these terms and conditions, you agree to:

    • The USER when entering his data declares under oath that they correspond to truthful and current information;
    • Sharing your password to third parties or its use by said third parties, will not imply any responsibility for MODA LAB. The USER will have the possibility to create/change the password, for which he/she must comply with the procedure established on the site;
    • Inform the website immediately in case of usurpation of the data;
    • Refrain from supplanting the identity of other customers;
    • Enable the use of pop-up windows during the operation;
    • Verify the selected products if applicable to those required;
    • Find out about the instructions for use of the products;
    • In general, all behaviors necessary for the execution of the legal business;
    • The USER understands and accepts that it must be subject to the terms and conditions of the payment gateway;
    • If bank cards are used, they are subject to the existing contract between the USER and the issuing Bank, without MODA LAB having any responsibility in relation to the aspects indicated in said contracts.

    VIII. SHIPPING POLICY

    Domestic Shipping  (Colombian Territory)

    • On the website, the method and term of delivery of each product offered will be published, which may be:
    Standard Shipping (Product in Stock) Delivery time in which de user receives the item within two (2) to five (5) business days from the purchase confirmation date.

     

    *applies for exchanges/returns
    Pre-Order o Made-to-Order Pre-Order: Sustainable production method in which the product is manufactured at the time of purchase . The user receives the item  between six (6) and twenty (20) business days from the purchase confirmation date.

     

    *applies for exchanges/returns

    Made-to-Order: Personalized purchase modality where the item is produced at the moment of purchase with special requirements from the customer: haute couture pieces, handcrafted or customized (initials, embroidery, measurements, length). Delivery times are the same as Pre-Order items.

    *Made to order items DO NOT apply for exchanges or returns.

    **if an item takes longer it will be expressed in the details section of the specific product.
    Express Shipping Express shipping term with a dispatch time of 1-2 business days.

     

    • The USER, upon entering the state, city and shipping address, will be informed about the availability of the service for the address entered in his case, the shipping costs to be canceled. We currently manage a flat rate for the Colombian territory.
    • For purchases equal to or greater than two hundred fifty thousand pesos ($ 250,000) COP, the shipping cost in Colombia will be totally free.
    • Purchases less than two hundred thousand pesos ($ 250,000) COP, the shipping cost in Colombia will be ten thousand pesos ($11.000 COP).
    • Please note that shipping times may vary considering local or national holidays in the Republic of Colombia.

    International Shipping
    (Any country except Colombia)

    • On the website, the method and term of delivery of each product offered will be published, which may be:
    Standard Shipping (Product in Stock) Delivery time in which de user receives the item within six (6) to ten (10) business days from the purchase confirmation date.

     

    *applies for exchanges/returns
    Pre-Order or Made-to-Order Pre-Order: Sustainable production method in which the product is manufactured at the time of purchase . The user receives the item  between ten (10) to twenty five (25) business days from the purchase confirmation date.

     

    *applies for exchanges/returns

    Made-to-Order: Personalized purchase modality where the item is produced at the moment of purchase with special requirements from the customer: haute couture pieces, handcrafted or customized (initials, embroidery, measurements, length). Delivery times are the same as Pre-Order items.

    *Made to order items NO NOT apply for exchanges or returns.

    **if an item takes longer it will be expressed in the details section of the specific product.

     

    • Once your order is placed, please allow 2-3 working days for your order to be dispatched as we may have to consolidate items located in different warehouses.
      Once dispatched, we will send you an email with all the tracking information (Please note: this email will be sent 1 working day after the order is shipped)
      The USER, upon entering the state, city and shipping address, will be informed about the availability of the service for the address entered in his case, and the shipping costs.
      Please note that shipping times may vary considering local or national holidays in the Republic of Colombia.
    • You should be aware that all countries have different laws regarding the importation of certain products. Unfortunately, we have no control over these charges and are unable to provide estimates of import cost as they differ widely from country to country. Please note that understanding such import restrictions and the payment of any associated costs is considered the responsibility of the purchaser/receiver. We recommend you contact your local customs office for current charges before placing your order or visiting duty calculation websites such as www.dutycalculator.com. Deciding not to pay import duties is not eligible for a full refund.
      International customers are liable for all import duties and customs that will be charged by your country.
      Agents in rare cases may delay delivery.
      Please find international shipping rates according to your region below:
    Region Cost
    North, Center & South America 25 USD
    Europe 30 USD
    Asia 35 USD
    Africa, Australia/New Zealand

     

    *Rest of the World

    		 40 USD

    IX. RIGHT OF WITHDRAWAL OR “DERECHO DE RETRACTO”

    (only applies for Colombian territory)

    The “derecho de retracto” is enshrined in Law 1480 of 2011 (Statute of the CUSTOMER), in its article 47 and states the following:“En todos los contratos para la venta de bienes y prestación de servicios mediante sistemas de financiación otorgada por el productor o proveedor, venta de tiempos compartidos o ventas que utilizan métodos no tradicionales o a distancia, que por su naturaleza no deban consumirse o no hayan comenzado a ejecutarse antes de cinco (5) días, se entenderá pactado el derecho de retracto por parte del CONSUMIDOR En el evento en que se haga uso de la facultad de retracto, se resolverá el contrato y se deberá reintegrar el dinero que el CONSUMIDOR hubiese pagado.El CONSUMIDOR deberá devolver el producto al productor o proveedor por los mismos medios y en las mismas condiciones en que lo recibió. Los costos de transporte y los demás que conlleve la devolución del bien serán cubiertos por el CONSUMIDOR.El término máximo para ejercer el derecho de retracto será de cinco (5) días hábiles contados a partir de la entrega del bien o de la celebración del contrato en caso de la prestación de servicios.Se exceptúan del derecho de retracto, los siguientes casos:

    • En los contratos de prestación de servicios cuya prestación haya comenzado con el acuerdo del CONSUMIDOR;
    • En los contratos de suministro de bienes o servicios cuyo precio esté sujeto a fluctuaciones de coeficientes del mercado financiero que el productor no pueda controlar;
    • En los contratos de suministro de bienes confeccionados conforme a las especificaciones del CONSUMIDOR o claramente personalizados;
    • En los contratos de suministro de bienes que, por su naturaleza, no puedan ser devueltos o puedan deteriorarse o caducar con rapidez;
    • En los contratos de servicios de apuestas y loterías;
    • En los contratos de adquisición de bienes perecederos;
    • En los contratos de adquisición de bienes de uso personal.

    El proveedor deberá devolverle en dinero al CONSUMIDOR todas las sumas pagadas sin que proceda a hacer descuentos o retenciones por concepto alguno. En todo caso la devolución del dinero al CONSUMIDOR no podrá exceder de treinta (30) días calendario desde el momento en que ejerció el derecho.”

    X. RETURN POLICY

    POLÍTICA DE DEVOLUCIÓN

    Returns within Colombia

    To request a return, you must log in to your account, and in the section My Orders>View>Return Item(s) send us a message with the detail of the item you want to return.


    The return policy operates in two (2) events:     (i) wrong size/fit ; (ii) by quality defects

    Wrong Size/Fit: Moda Lab offers complimentary return shipping (with our logistics operator) on all orders within Colombia for items eligible for return. The following products are not valid for this type of return: underwear, bathing suits, socks, etc. The product subject to change must be unused, with its original labels, in perfect condition and must have the original packaging. Shoes with scratches or marked soles will not be accepted.

    The CUSTOMER will have five (5) business days (Monday to Friday) counted from the delivery of the good, to return products under this concept. The CUSTOMER must return the product by the same means and under the same conditions in which it was received.

    Any returned products with damages, alterations or stains will not be accepted and refunds or credits will not be issued.

    Refunds or credits will be processed only after productos are returned and inspected. Refunds are generally processed within 2-4 weeks of when the returned item is received. Refunds for unavailable product are processed 5-7 business days after the refund request.

    Returns by quality defects: Returns for quality will have a guarantee of thirty (30) calendar days from the momento the USER receives the item.

    Transport costs associated with the return of the product(s) will be COMPLIMENTARY to the CUSTOMER.

    In both cases, returns can be refunded as site credit or to the original method of payment, where applicable. Cash refunds will be made to the original payment method (credit or debit card) and are subject to the return policy times established by the virtual payment gateway (up to 25 business days).

    MODA LAB monitors the number of Products returned and orders cancelled by customers. Repeated returns or cancellations or violations of our terms and conditions will be flagged and may, at our discretion, lead to the closure of the customers’ account or future orders being refused.

    International Returns

    To request a return, you must log in to your account, and in the section My Orders>View>Return Item(s) send us a message with the detail of the item you want to return.

    The return policy operates in two (2) events: (i) wrong size/fit ; (ii) by quality defects

    Transport costs of the return must be assumed by the CUSTOMER.

    Wrong Size/Fit: In order for the product to be returned, it cannot be following products which are not valid: underwear, bathing suits, socks, etc. The product subject to change must be unused, with its original labels, in perfect condition and must have the original packaging. Shoes with scratches or marked soles will not be accepted.

    The CUSTOMER will have ten (10) business days (Monday to Friday) counted from the delivery of the good, to return products under this concept. The CUSTOMER must return the product by the same means and under the same conditions in which it was received.

    Any returned products with damages, alterations or stains will not be accepted and refunds or credits will not be issued. Refunds or credits will be processed only after productos are returned and inspected. Refunds are generally processed within 2-4 weeks of when the returned item is received. Refunds for unavailable product are processed 5-7 business days after the refund request.

    Returns by quality defects: Returns for quality will have a guarantee of thirty (30) calendar days from the momento the USER receives the item.

    In both cases, returns can be refunded as site credit or to the original method of payment, where applicable. Cash refunds will be made to the original payment method (credit or debit card) and are subject to the return policy times established by the virtual payment gateway (up to 25 business days).

    MODA LAB monitors the number of Products returned and orders cancelled by customers. Repeated returns or cancellations or violations of our terms and conditions will be flagged and may, at our discretion, lead to the closure of the customers’ account or future orders being refused.

    NOTE:

    • If you reject a shipment from Moda Lab, the customer is responsible for the original shipping charges and the cost of returning the package to Moda Lab. The value of transport will be deducted from the total amount of the refund.
    • Import taxes will be deducted from the refund value.
    • No returns will be received for discounted garments unless the product is defective.

    Returns can be sent to our Headquarters.

    Moda Lab
    Calle 73 # Via 40 – 350
    Lyd House Rio
    Barranquilla, Colombia
    Postal Code 08007

    XI. COUPON CODES

    The USER must abide by the conditions of use of the MODA LAB discount coupons:

    • The coupons are “intuitu personae”, so the USER may not, under any circumstances, assign, transfer, partially or totally, to any other person, or the rights and obligations arising therefrom. Failure to comply will be due to the cancellation of the coupon, with no place to return the money.
    • Under no circumstances will the values ​​not caused by the unredeemed coupons be refunded.
    • The benefits, promotions, offers and / or discounts are exclusively for the products exhibited at MODA LAB.
    • If the benefits are not used within the term, it will be understood that the bearer or beneficiary has renounced their right to use it and in no case will there be a return of money.
    • Not combinable with other coupons
    • Once the term has expired without the benefits of the coupon being redeemed, there will be no money back, and it will not be cumulative monthly.
    • Money refunds will not be made for consumptions below the value of the coupon and if the consumption exceeds the value of the offer of the product and / or service, the USER must cancel the difference.
    • It must be subject to the terms and conditions of sale of each product of THE DESIGNER/BRAND.
    • Coupons apply only to those products and services selected for it.

    XII. MODIFICATIONS

    MODA LAB, reserves the right to modify the Terms and Conditions at any time by making the modified terms public on the website. All modified terms will be effective five (5) days after publication. Such modifications will be communicated by MODA LAB to THE USERS, by any means that it considers. In the event that the USER does not agree with the modifications made by MODA LAB, he may request the withdrawal of the account. The use of the site and its services implies acceptance of these Terms and Conditions of use of MODA LAB.

    XIII. SANCTIONS, SUSPENSION OF OPERATIONS

    In those cases in which any law is broken, or any of the stipulations of the Terms and Conditions and other policies of MODA LAB; if you fail to fulfill your commitments as a USER; if it is incurred at the discretion of MODA LAB in malicious or fraudulent behaviors or acts. MODA LAB may warn, temporarily suspend or permanently disable the USER, apply a sanction, initiate the actions it deems appropriate and / or suspend the USER’s account in MODA LAB.

    XIV. RESPONSABILITY

    MODA LAB, adheres to the information provided by THE DESIGNER/BRAND, about the description, name, total value, existence, and quality of the good or services, therefore, it is understood that all information provided is truthful and clear. In that sense, each BRAND is responsible for the items offered for sale. MODA LAB, is not responsible for the existence, quality, quantity, condition, integrity or legitimacy of the goods offered, acquired or disposed of by the CUSTOMER USERS, as well as the ability to hire the USERS / CUSTOMER or the veracity of the personal data entered by them.The delivery of the secret key to third parties or its use by said third parties, will not imply any responsibility for MODA LAB.If bank cards are used, they are subject to the existing contract between the USER and the issuing Bank, without MODA LAB having any responsibility in relation to the aspects indicated in said contracts.XV. PRIVACY POLICYThe users/customers, authorize in their own name and / or of the company to represent or who represent their rights or hold in the future the quality of the creditor, declares through this document that I have been informed by MODA LAB, who will act as responsible for personal data. Users / customers, as owners, can access our Privacy Policy, which is published in digital media on our web site, www.modalab.co. In case of any concerns, you can contact MODA LAB at the address Calle 77 # 59-35 Office 1411 in the city of Barranquilla, Atlántico or by email azuniga@modalab.co.XVI. APPLICABLE LAWThis agreement is governed in all its points by the laws in force of the Republic of Colombia.Disputes arising from this agreement will be subject to the applicable laws of the city of Barranquilla.

    XVII. CONTACT

    Email: modalabteam@modalab.co