General terms and conditions of use
General terms and conditions of use
Welcome to our website “mybrands.az”, managed by "MY BRANDS" MMC company, with a registered office at S. Rahimov str. 189, apt 30, Baku, Azerbaijan with tax code and VOEN number 1401172781. The “General terms and conditions of use” regulate the access of users ("user/s", "you") to the website “mybrands.az” and its use. The access to the website “mybrands.az”, its use, as well as the purchase of items offered on “mybrands.az” is based on the assumption that you have read, understood and accepted the “General terms and conditions of use”.
The access to “mybrands.az” and its use, including browsing the web, downloading information about available products and making purchases carried out by our users are exclusively for personal purposes, which should in no way be related to trade, business or any professional activity. Remember that you are responsible for the use of “mybrands.az” and its contents. "MY BRANDS" MMC does not bear any responsibility for the use of “mybrands.az” and its contents by users who do not act in accordance with applicable laws and regulations, which in no way contradicts the responsibility of "MY BRANDS" MMC for intentional offenses and gross negligence. Particularly, You carry responsibility for transmission the information or data that is incorrect or false, for transmission the information concerning third parties without their consent, as well as for any improper use of such information or data.
In addition, since all materials are downloaded or otherwise acquired using methods chosen by the user at their own risk, responsibility for any damage to computer systems, or loss of data as a result of downloading lies solely with the user, "MY BRANDS" MMC does not carry any responsibility for this. "MY BRANDS" MMC is not responsible for any damage caused by the unavailability of its services, as well as for damage caused by viruses, corrupted files, errors, omissions and incomplete installation, communication failures, content deletion, problems with the network, Internet connection providers of the computer or phone, data transmission, unauthorized access, data modification, failure and/or malfunction of the user's hardware or any other electronic equipment.
The user is responsible for maintaining confidentiality and for the proper use of their personal information, including their username and password for accessing restricted websites, as well as for any damage, harm or loss that may be caused to "MY BRANDS" MMC or third parties as a result of improper use, loss, destruction, deletion or disclosure of such information.
2. Intellectual property rights
The contents of the website “mybrands.az”, including, particularly works, images, photographs, dialogues, music, audio content, videos, documents, drawings, graphic elements, logos and any other materials published on the website “mybrands.az”, including menu and web page design, graphic elements, colors, diagrams, tools, fonts, website design, diagrams, page layouts, processing methods, processes, functions, and software that are part of the website “mybrands.az”, are protected by copyright and all other intellectual property rights owned by "MY BRANDS" MMC and the respective copyright holders. Full or partial reproduction of the website “mybrands.az” and its contents in any form is not permitted without prior written consent of "MY BRANDS" MMC. "MY BRANDS" MMC has the exclusive right to permit or prohibit any direct or indirect, temporary or indefinite, by any means and in any form, fully or partially reproduction of the website “mybrands.az” and its contents.
Regarding the use of the website “mybrands.az”, you only have permission to access its contents. In this case, you also have the right to perform all other actions for temporary reproduction, which are short-term or accidental and form an integral and necessary part of the display of the website “mybrands.az” and its contents and do not have any economic significance. You may not reproduce the website “mybrands.az” and its contents by any means or in any form, fully or partially. Each time, before any reproduction, you must obtain the appropriate permission from "MY BRANDS" MMC, or if necessary, from the authors of works posted on “mybrands.az” in advance. Such reproduction must be carried out for legitimate purposes and in accordance with the rules of copyright and other intellectual property rights owned by"MY BRANDS" MMC and authors of works posted on “mybrands.az”.
Authors of works posted on “mybrands.az” have the right at any time to declare their authorship of those works and to protest against any distortion or other modification of their works, including any damage to the works that may damage their honor and reputation. You agree to ensure the copyright of authors, whose works are posted on “mybrands.az”, and authors who have collaborated with “mybrands.az” in creation of new expression forms or new works of art intended for exclusive or non-exclusive publication on “mybrands.az” and are an integral part of this website. You do not have the right to use the contents of “mybrands.az” in any way or in any form or any individual work protected by copyright or other intellectual property rights. Particularly, you may not change or modify the website contents or any copyrighted work without obtaining the consent of "MY BRANDS" MMC in advance or, if necessary, the consent of each author, whose works are posted on the website “mybrands.az”.
3. Trademarks and domain names
"MY BRANDS" MMC is the exclusive owner of the logos and registered trademarks "MYBRANDS" and "mybrands.az", as well as any other marks that include the word "MYBRANDS" and the domain name "mybrands.az".
All other marks used to identify products sold on the website “mybrands.az” and posted on this website are registered trademarks of their respective owners and are used on “mybrands.az” solely for the purpose to identify the description and advertisement of products offered on the website “mybrands.az”. "MY BRANDS" MMC and all other registered trademark owners are entitled to exclusive use of the trademarks they own.
You do not have the right to use such trademarks for identification of any goods or services without the consent of “MYBRANDS” or any other registered trademark owners posted on this website.
Most of the trademarks posted on this website and related to the products sold on “mybrands.az”, are famous and known to the public and the users of the website “mybrands.az”.
Any illegal or unauthorized use of such trademarks is prohibited and has serious legal consequences. Such trademarks and any other recognizable marks posted on the website “mybrands.az”, should in no way be used to obtain an undeserved advantage that they can give due to their recognition and reputation, or used for the purpose to harm these marks and their owners.
4. Links to other websites
5. Links on “mybrands.az”
If you want to post a link on the main page of “mybrands.az” or other public pages on the website, contact “MYBRANDS” via sending a request to the following email address: firstname.lastname@example.org. You have to get our consent to post a link on “mybrands.az”. “MYBRANDS” grants permission for posting links free of charge and on a non-exclusive basis. “MYBRANDS” has the right to prohibit the use of certain links on its website in case if the applicant intending to post links to “mybrands.az” in the past was engaged in unfair business practices or practices that do not comply with industry standards, or was engaged in unfair competition with “MYBRANDS” or its suppliers, or if “MYBRANDS” is beware that such practices may be used by the applicant in the future, or if the applicant has taken actions that discredit “MYBRANDS” and “mybrands.az”, or if “MYBRANDS” is beware that such actions may be taken in the future. In any case, it is prohibited to post deep links (for example, deep frames) on “mybrands.az” or use unauthorized meta tags without a written permission of “MYBRANDS”.
6. Limitation of liability for contents
“MYBRANDS” has taken all necessary measures to prevent the publication on its websites the content that describes or represents physical or psychological abuse, or the content that in accordance with the perception of “mybrands.az” users, may be considered as a violation of civil principles or human rights and dignity in any form or manner of expression. In any case, “MYBRANDS” does not guarantee that the contents of the websites will be considered as acceptable or legal in other countries outside of Azerbaijan. In the case if such content is considered illegal in your country, do not visit our websites. If despite it, you still visit the website, we hereby inform you that the usage of the services provided by “MYBRANDS” is solely your personal responsibility. “MYBRANDS” has also taken steps to ensure that the contents of “mybrands.az” is accurate and do not contain incorrect information or an outdated information at the time of its publication. However, “MYBRANDS” is not responsible for the accuracy and completeness of the content posted on “mybrands.az”, with the exception of liability for intentional offenses and gross negligence and other cases established by applicable law.
Furthermore, “MYBRANDS” cannot guarantee continuous operation of “mybrands.az”, without interruptions, errors or delays related to Internet connection. If you have any problems using our websites, please contact our Customer service. A representative of our company will provide you with all possible assistance in restoring access to the websites. Contact your Internet service provider or make sure that all devices for connecting to the Internet and accessing web contents, including your web browser, are functioning correctly. Despite the fact that “MYBRANDS” makes every possible effort to ensure the constant access to its websites, due to the dynamic nature of the Internet and web contents there may be interruptions, disruptions or stops in the operation of “mybrands.az” required for the website update. “MYBRANDS” has adopted technical and organizational security measures to ensure the protection of its websites, network traffic and electronic communications in order to prevent unauthorized access and use of data, to prevent the risk of dissemination, destruction or loss of confidential or non-confidential data about website users, or illegal or unauthorized access to such data and information.
7. Our business policy
“MYBRANDS” has adopted a business policy according to which the sale of goods through its services and websites is carried out only to the final "consumers". A "Consumer" is an individual who visits “mybrands.az” for personal purposes that are not related to trade, business, or professional activity.
If you are not a consumer, please do not use our services to purchase goods on “mybrands.az”. “MYBRANDS” has the right not to accept the orders from non-consumers or any other purchase orders that do not comply with the “General terms and conditions of sale” and the “General terms and conditions of use”.
8. Governing law in dispute resolution
The governing law of the “General terms and conditions of use” is the applicable legislation of the Republic of Azerbaijan on consumer protection.
In case, if a dispute between “MYBRANDS” and the Consumer related to the “General terms and conditions of use” cannot be resolved peacefully, the competent court in accordance with the applicable law shall be the court located at your place of residence or registration, or at your explicit request, Baku City Court, Azerbaijan.
General terms and conditions of sale
1. Our business policy
1.1 The Seller offers products for sale on the website “mybrands.az”; the e-Commerce services offered by the seller are intended exclusively for adult end users, i.e. "Consumers".
1.2 A "Consumer" is an individual who acts for personal purposes that are not related to trade, business or professional activity. If you are not a consumer, we request you not to make any purchase of goods on “mybrands.az”.
1.3 The Seller reserves the right not to accept purchase orders ("Orders") received from users who are not Consumers, as well as any other orders that do not comply with the Seller's business policy, particularly, orders from persons involved in or suspected of fraudulent or other illegal activities. In such cases, the Seller informs the user that the Order was rejected.
In addition, purchase orders sent to the Seller and product returns made by users must comply with the normal needs of consumers. The Seller controls the number of purchase orders and returns of the purchased goods.
1.4 The “General terms and conditions of sale” regulate the dispatch of Orders by Consumers, as well as the acceptance and implementation of orders related to the products offered on “mybrands.az” by the Seller.
1.5. The “General terms and conditions of sale” do not regulate the provision of services and sale of goods by third parties mentioned in links, banners or other hyperlinks posted on the website “mybrands.az”. We recommend you to read their “Terms of sale”, before placing an order or purchasing goods from the third parties. Under no circumstances shall the Seller be responsible for the provision of services by the third parties or for the implementation of e-Commerce transactions concluded by Users and the third parties.
1.6. By placing an Order, you agree that the Seller has the right to contact one or more third parties (for example, a courier or a postal service) in order to fulfill the sales contract ("Contract") concluded with you.
2. The conclusion of the Contract with the Seller and its implementation
2.1. To conclude a Contract for the purchase of one or more goods offered on the website “mybrands.az” you have to fill out an electronic order form and send it electronically to the Seller in accordance with the relevant instructions.
2.2 Before placing your order, we request you to carefully read the “General terms and conditions of sale” and the “Returns Policy”. In accordance with the applicable law, mentioned below in subsection 11, before you place your order, we will provide you with the following information: (i) our commercial and contractual terms of sale; (ii) a summary of the main characteristics of each ordered item; (iii) the unit price of each ordered item; (iv) the payment methods accepted for the ordered items; (v) the delivery methods used for the ordered items; (vi) shipment / delivery cost; (vii) address, contact information and other necessary information about the Seller; the Seller will also provide you with a summary of the Terms of return for the purchased items.
2.3 On the Order confirmation page, we will provide you with the following information: (i) a summary of the main characteristics of each item specified in the Order; (ii) the unit price of each ordered item; (iii) the shipping/ delivery cost (including any additional charges if you choose a faster delivery or other option different from the standard one).
2.4 Your purchase order is an irrevocable offer. Before the order form is sent, you will see a message requesting you to check the correctness of the entered data and to correct possible errors.
2.5 The Contract is considered concluded after the Seller accepts your Order. You will receive an email from the Seller confirming the acceptance of the order and the shipment of the product. This email will contain the “General terms and conditions of sale” and a summary of the “Return Policy”.
2.6. The Order sent to the Seller will be stored in the Seller's database for the time required for its processing, as well as established by applicable law. You can view your Order in the "My order" section after registration on the website.
2.7 The Azerbaijani language is used to conclude your Contract with the Seller.
2.8. The Seller has the right not to accept Orders that do not have sufficient guarantees of solvency, are incomplete or incorrect, as well as if the ordered items are no longer available for sale.
In this case, you will receive an email from us stating that the Contract cannot be considered concluded and that the Seller did not accept your Order indicating the relevant reasons. If items placed on “mybrands.az” are no longer available for sale at the time of receipt or fulfillment of your Order, the Seller has the right to remove the item from the Order/cancel the Order by notifying you about the unavailability of the items you wish to purchase as soon as possible, in any case not later than thirty (30) days after receipt of your Order. If you have already paid for the items, the Seller without undue delay will fully refund the paid amount to you and the Contract will be terminated. The Seller has the right not to accept Orders in the cases specified in subsection 1.3.
2.9. Placing an Order, you unconditionally accept and agree to comply with the “General terms and conditions of sale” during implementation of the Contract with the Seller. If you do not agree to certain provisions of the “General terms and conditions of sale”, we request you not to place a purchase Order at “mybrands.az”.
3. Warranties and indication of the product price
3.1. We offer only high-quality products on the website “mybrands.az”. These products are purchased by the Seller directly from manufacturers and distributors who are carefully selected based on the strictness of their quality control procedures.
3.2 The Seller does not sell used or defective items or the items the quality of which does not match the established market standards.
3.3 The main characteristics of the offered products are displayed on the related pages of “mybrands.az”. The colors of the offered products displayed on the “mybrands.az” may not exactly correspond to the actual colors of the models, since the color display depends on the settings of the used web browser and on the characteristics of the monitor.
3.4 Prices are subject to change. Before placing your order, check the final price of the items. If there is a recognizable error in indication of the price of the item or an error in calculation of the amount in the payment for the items made by the Seller and caused by force majeure or other unforeseen reasons, particularly, technical failures, “MYBRANDS” will not accept the Order and will contact the Consumer in order to offer them to purchase the item(s) at the correct price.
3.5 All purchased items are tagged.
4.1. The payment for the cost of the purchased items and their delivery must be made by the payment method specified in the Order form. Under no circumstances will you be charged for an additional payment that exceeds the amount that in certain cases is spent by the Seller to receive your payment.
4.2. In case of payment by credit / debit card, you will be redirected to the page of the corresponding bank intended for making payments.
5. Promo codes / Gift cards / Bonuses
5.1 Promo codes are the codes that allow you to get a bonus when making purchases on “mybrands.az”.
5.2 How to use the Gift cards:
The Amount remaining amount on the gift card balance after the shopping can be used
for the next purchase.
The amount on the card balance can not be converted into money.
The validity of the gift card is 12 months from the date of purchase
The Gift cards lost by the owner will not be restored.
The Gift cards can be used only in “MYBRANDS” network of stores and cannot be used as Bank cards or other payment types.
5.3 How to use Bonus cards:
If you are an owner of “Mybrands” bonus card, you can use it while making payments on “mybrands.az” web-site.
5.4 If for any reason you are not satisfied with the received order, following the standard return procedure described in “Return Policy section” you have the right to return the product for which the coupon was applied. After the Seller accepts the returned items, the original value of the coupon will be restored.
6. Delivery of goods
6.1 For more information about our delivery procedures, see the “Customer service” section. Please, read this section carefully. The information provided in the mentioned section is an integral part of the “General terms and conditions of sale” and, therefore, when you place an Order, it is considered that you have fully read and accepted it.
7. Customer service
If you have any questions, please contact our Customer service. For more information, see the Customer Service section.
8. Return policy
8.1 You have the right to terminate the Contract and return the purchased item(s) without any penalties within fourteen (14) days from the date of receipt of the items purchased on “mybrands.az”, unless the applicable law provides for a longer period of time. In case of termination of the Contract, you are not entitled to request for a replacement of the originally purchased item with another product, unless the relevant right is expressly granted to you by the Seller.
8.2 Method of termination of the Contract: fill out the electronic return form and send it to the Seller.
8.3 The returned items must be delivered by courier or returned via “MYBRANDS” outlets in accordance with the rules below, within fourteen (14) days from the date of receipt of the items purchased on “mybrands.az”, unless the applicable law provides for a longer period of time.
8.4. Upon termination of the Contract, the only expenses incurred by you are the costs required to return the goods to the Seller.
8.5 You can return the purchased product to the Seller by courier mail of your choice and the payment for delivery of the returned items are covered by the buyer. The seller recommends to choose a delivery service that allows you to track the parcel at any time.
8.6 The Right to terminate the Contract-in addition to complying with the terms and procedures described in subsections 8.1, 8.2, 8.3 and 8.4 above - is considered to have been correctly implemented if the following conditions are met: (a) the right to terminate the Contract has been correctly implemented within fourteen (14) days from the date of receipt of the items purchased on “mybrands.az”, unless the applicable law provides for a longer period of time; (b) the items have not been used, worn or washed; (C) the items still have an identification tag; (d) the items are returned in their original packaging; (e) the items are delivered to courier within fourteen (14) days from the date of receipt, unless the applicable law provides for a longer period.; (f) the items are not damaged. You do not have the right to terminate the contract in cases established by applicable law, for example, if you purchased personalized or custom-made products, or products in sealed packaging that was opened after the delivery, and / or products that cannot be returned in accordance with hygiene rules (for example, products from the category "Cosmetics", the sealed packaging of which was opened).
8.7. The Seller will make sure that the returned items comply with the conditions mentioned above, in subsection 8.6. If you have implemented your right to terminate the Contract in accordance with the conditions mentioned above, the Seller will send you an email confirming acceptance of the returned items and will refund you the amount you paid when purchasing the items, in accordance with the terms and procedures set out in subsection 8 below.
8.8. The Seller will refund the paid amount to you as soon as possible*, in any case, within 10 (ten) business days from the date of receipt by the Seller the notification of your decision to terminate the Contract. The refund process will be launched once the above-mentioned conditions have been verified.
* Credit / debit card: the refund period may vary depending on the Bank issuing the card.
8.9 If your return does not meet the conditions set out in points a), b), c), d), e) and e) of subsection 8.6, you are not entitled to the refund of the amount paid by you when purchasing the item. If your return is not accepted, the Seller will notify you by an email. Within fourteen (14) days from the date of receipt of this email, you may request the item to be returned to you at your expense in the same condition that it was when you returned it to the Seller; you must notify the Seller in accordance with the terms and conditions that will be communicated to you. Otherwise, if you do not submit the Seller a request for the item to be returned to you in the same condition that it was when you returned it to the Seller, and will not pay in advance the shipping costs or will pick up the item, such inaction will constitute your waiver of the right of ownership of the item and give the Seller the right to dispose it at own discretion.
The seller is not responsible for any products damaged during their transportation to the warehouse, or for items left inside the returned products or their packaging.
9. Refund terms and procedures
9.1. Regardless of the payment method used for the purchase of the returned items, the Seller will refund the paid amount to you as soon as possible, in any case, within 10 (ten) business days from the date of receipt by the Seller the notification on your decision to terminate the Contract. The refund process will be launched after verification of compliance with the above-mentioned return conditions.
9.2 The refund is made by the Seller using the same payment method that you used when purchasing the returned items, unless you have clearly agreed with the Seller to use a different payment method, provided that you will not incur any additional costs as a result of the refund. If the recipient of the goods included in the Order and the person who made the payment for these goods are two different persons, and the right to terminate the contract is implemented, the refund will be made to the person who paid for the Order.
10.2 If you have not yet read our “General terms and conditions of use”, we request you to do so.
11. Governing law in dispute resolution
11.1 The Governing legislation of the “General terms and conditions of sale” is the applicable law of the Republic of Azerbaijan on consumer protection.
11.2 In case, if a dispute between “MYBRANDS” and the Consumer related to the “General terms and conditions of sale” cannot be resolved peacefully, the competent court in accordance with the applicable law shall be the court located at Consumer’s place of residence or registration, or at the explicit request of the Consumer, Baku City Court, Azerbaijan.
12. Amendments and updates
The “General terms and conditions of sale” may be amended from time to time due to changes in applicable law. The changes to the “General terms and conditions of sale” are effective from the date it is published on “mybrands.az”.