General Terms and Conditions
By visiting, browsing, shopping, accessing or otherwise using this web site (the "site") operated by Ascody Broadway LLC (hereinafter “Madura”) you agree to be bound by these terms and conditions. Important information about this legal contract.
ACCEPTANCE OF CONTRACT TERM
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Madura (References in this User Agreement to "you" or "your" or “user” shall relate to a customer of Madura or other party that visits, browses, shops, accesses or otherwise uses the Site (collectively referred to herein as the "Customer"; references to "Madura" shall relate to Madura and/or its affiliates. Madura may sometimes be referred to herein as “we” or “our”) By visiting, browsing, shopping, accessing or otherwise using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by this User Agreement and comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to this User Agreement, as it may be changed by Madura from time to time, do not use this Site. Your continued use of the Site will constitute your agreement to the most current version of the User Agreement. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Madura from its offices within the United States and outside the United States. Madura makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws in such locations.
Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the State of New York without regard to conflict of law rules. You consent to jurisdiction of the federal and state courts located in NEW YORK County, New York to hear any such claims.
ACCESS, INTERFERENCE AND LINKING
The Site and its services are intended to facilitate the offering for sale of Madura. Madura grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Madura.
The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Madura; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.
Any unauthorized use terminates the license granted by Madura. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Madura, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Madura logo or other proprietary graphic or trademark as part of the link without express written permission. Madura does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.
Madura reserves the right to suspend your use of the Site for any reason at any time, at its sole discretion.
The copyright in all material provided on this Site is held by Madura or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Madura or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only; provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Madura' prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All trademarks and registered trademarks are the sole property of their respective owners. Photographs courtesy of respective manufacturers.
Without limiting the generality of the foregoing, your use of the Site is also subject to the following restrictions:
- You may not send unsolicited commercial e-mail to Users. In addition, spam, chain e-mails, advertising solicitations and similar e-mail solicitations are expressly prohibited;
- You may not delete, edit or revise any material posted by any other person or entity. You may not copy, duplicate, download or otherwise use any material posted by any other person or entity except for the purposes permitted by these Terms and Conditions of Use.
- You may not interfere with the proper operation of the Site including, but not limited to, by attacking, hacking into, or otherwise attempting to penetrate any non-publicly accessible elements of the Site, through the use of bots, Trojan Horses, viruses, DNS attacks, or other technology which is designed or intended to interfere with the proper operation of the Site or the use of the Site by any Users.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Your agreement to the following disclaimers and limitations are a material inducement for us to permit you to access the Site. Your use of the Site, and the obligations and liabilities of us in respect of your use of the Site, is expressly limited as follows:
1 Conduct of Users
We assume no responsibility for the activities or conduct of Users.
2 Accuracy of Information
We make no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any information submitted by Users, or of any other form of communication engaged in or information exchanged by Users. Information on the Site may contain inaccuracies or typographical errors. You acknowledge that any reliance on information submitted by Users or on any other form of communication with Users will be at your own risk. We attempt to be as accurate as possible when describing our products on this Site. However, to be extent permitted by applicable law, we do not warrant that the product colors, information, descriptions or other content available on the site are acurrate, reliable, error-free or complete.
3 Disclaimer of Warrenties
The site is provided "as is" and without any warranty whatsoever. we disclaim any and all express and implied warranties whatsoever, including without limitation, the warranties of merchantability, title, non-infringement of third parties rights, and fitness for particular purpose.
You agree to indemnify, defend and hold us harmless from and against any and all liability, claims, causes of actions, damages, costs and expenses, including but not limited to, attorneys fees and costs of suit, arising out of your breach of these Terms and Conditions of Use.
5 Limitation on Liability
Under no circumstances, including, but not limited to, negligence, shall madura be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if madura or a madura authorized representative has been advised of the possibility of such damages. if your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. if the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of madura to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the shopping area or u.s. $100.00.
Limitations on Information Submitted.
Any submission of information to us through the Site is subject to the following guidelines and restrictions:
- It may not contain URLs or links to any Internet Web sites (To advertise your company or Web site, contact our Sales department);
- It may not contain copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
- It may not contain trade secrets (unless you own them or have the owner's permission to post them);
- It may not contain material that infringes on the intellectual property rights of others, including but not limited to, copyright, trademark, patent, or trade secret rights;
- It may not contain material that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful;
- It may not contain information that is known by you to be untrue, false or misleading or which does not fairly or accurately depict or describe the subject matter which is the subject of the information posted by you;
- It may not present information which impersonates another person, whether living or dead, misstate the identity of any person, or misstate or mislead as to gender or age;
- You may not solicit money, investments or make any offering of securities or investments;
- You may not submit chain letters or pyramid schemes; and
- You may not submit opinions or notices, commercial or otherwise
MONITORING OF INFORMATION
We do not assume any obligation to review the accuracy, completeness, truthfulness or content of any information submitted to the Site. User assumes the risk of verifying the accuracy of information posted through independent investigation. Notwithstanding, we may in our discretion review information submitted to the Site for any purpose whatsoever and we reserve the right, in our sole discretion, to reject any information submitted to the Site for any reason whatsoever.
RIGHTS TO INFORMATION
To ensure the security of the Site and of Users, the following security rules govern your use:
- Protect Your Password You are responsible for maintaining the confidentiality of your information and password, and you are responsible for all uses of your registration, whether or not authorized by you. In the event you lose your password or become aware of misuse or unauthorized use of your password, it is your obligation to immediately notify us. We shall have no responsibility for loss or misused passwords or for unauthorized access occasioned by the foregoing.
- Prohibited Uses:
- (i) Accessing data not intended for you or logging into a server or account which you are not authorized to access;
- (ii) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- (iii) Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mailbombing" or "crashing";
- (iv) Sending unsolicited e-mail, including promotions and/or advertising of products or services; and
- (v) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these security rules may result in civil or criminal liability in addition to the termination of your access rights. We will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Madura, its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that any claim or dispute under the user agreement and any claim or dispute that you may have against any of these persons or entities, whether related to the described transactions or otherwise, including the enforceability of this arbitration agreement, will be resolved exclusively and finally by binding arbitration under the Code of Procedure of ARBITRATION-FORUM.COM (the "Code") in effect at the time the claim is filed. The Code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. Notwithstanding any choice of law provision included in this User Agreement, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16) and the New York Convention on the Enforcement of Arbitration Awards (9 U.S.C. §§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). Hearings shall be held as provided by the Code and if any In-person Hearing is required, it shall be held in New York, NY. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Please review our Privacy Notice, which also governs your visit to this Site. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with a parent or guardian. Madura reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
COMMUNICATIONS TO MADURA
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Madura for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Madura is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Madura or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.
COPYRIGHT INFRIGREMENT COMPLAINTS
Madura will respond to claims of copyright infringement, and will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”), Title 17, United States Code, Section 512(c)(2), where applicable. In keeping with the DMCA, notifications of claimed copyright infringement by third parties should be sent to the Site's designated agent noted below (the “Designated Agent”). If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on the Site, please notify us by contacting the Designated Agent.
In order to give effective notification of a claim of copyright infringement by a third party under the DMCA, You must send a written communication to the Designated Agent that includes substantially the following: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work, or, if multiple copyrighted works at a single online Site are covered by a single notification, a representative list of such works at that Site, that are claimed to have been infringed; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit Shopping Area to contact the complaining party, such as an address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that neither the copyright owner, nor its agent nor the law has authorized the use of the material in the manner complained of; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of claims of copyright infringement can be reached as follows:
NEW YORK USA
Phone : 212-260-0262
Email : firstname.lastname@example.org
DISAGREEMENTS WITH THESE TERMS AND CONDITIONS
If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site
MADURA TERMS AND CONDITIONS OF SALE
Please read these terms and conditions of sale (“sale agreement”) very carefully. The customer agrees to be bound by this sale agreement and accepts its terms and conditions (unless the customer has signed a separate formal purchase agreement with madura, in which case the separate agreement shall govern).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Madura. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" or “user” shall relate to the Customer; references to "Madura" shall relate to Madura and/or its affiliates. Madura may sometimes be referred to herein as “we” or “our”) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and Madura relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in writing signed by Madura. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the Internet; consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Madura at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
This agreement and any sales hereunder shall be governed by the laws of the state of ny, without regard to conflicts of laws rules. the customer consents to the jurisdiction of the federal or state courts located in new york county, new york for purposes of any suit, action or proceeding arising out of this sale agreement.
Risk of loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Madura is Madura's responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Title to software will remain with the applicable licensor(s).
If goods herein are being purchased for purposes of export, the Customer must obtain from the applicable governmental authorities certain export documentation before shipping to a foreign country. In addition, manufacturers' warranties for exported goods may vary or even be null and void for goods exported outside the United States. The Customer should inquire further regarding any questions. Any and all liability is only for the products purchased. Customer shall be responsible for any duties associated with any purchases outside of the United States.
General Legal Disclaimer
Madura hereby expressly disclaims all warranties either expressed or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose. this disclaimer by madura in no way affects the terms of the manufacturer's warranty, if any.
Internet connectivity requires access services from an Internet access provider. Contact your local access provider for rates, terms and conditions.
56K modems are capable of 56Kbps downloads; however, current regulations limit download speed to 53Kbps.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, Madura reserves the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, errors in advertisements and other extenuating circumstances. High volume orders are welcome! While Madura uses reasonable efforts to include accurate and up-to-date information on the Site, Madura makes no warranties or representations as to the Site's accuracy. Madura assumes no liability or responsibility for any errors or omissions in the content on the Site.
Limitation of Liability
Madura will not be liable for lost profits, loss of business or other consequential, special, indirect, or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein. madura will not be liable for products or services not being available for use or for lost or corrupted data or software. customer agrees that for any liability related to the purchase of products or services, madura is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase(s) under this agreement. some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. if the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of madura to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the shopping area or u.s. $100.00.
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, intentional tort and equitable claims) arising from or relating to this sale agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this sale agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this sale agreement), madura's advertising, or any related purchase shall be resolved exclusively and finally by binding arbitration administered by the national arbitration forum (naf) under the code of procedure of arbitration-forum.com (the "code") in effect at the time the claim is filed. the code is available at http://www.arbitration-forum.com or can be obtained by calling 1-800-753-9448. notwithstanding any choice of law provision included in this sale agreement, this arbitration agreement is subject to the federal arbitration act (9 u.s.c. â§â§ 1-16) and the new york convention on the enforcement of arbitration awards (9 u.s.c. â§â§ 201-208 or as codified in the jurisdiction where enforcement of the award is sought). hearings shall be held as provided by the code and if any in-person hearing is required, it shall be held in new york, ny. judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
Orders, Payment Terms, Interest, Taxes
Orders are not binding upon Madura until accepted by Madura. Terms of payment are within Madura' sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Madura may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. Some of the reasons your order may be declined are if the goods are unavailable, if pricing is in error, or if there are problems concerning credit or an issue of fraud is detected. If your order is declined, we will credit your credit card for any amount charged with respect to such order. Madura reserves the right without prior notice to discontinue or change product specifications, locations where products are delivered, and prices on products and services offered on the Site without incurring any obligation to you.
Shipping and handling charges on all orders vary; contact your Madura account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card.
If you are not satisfied with your purchase from Madura, just return the (unused) items within 30 days of the sale, and we’ll remit your account for the full amount of the purchase.
Please Note: Only full/ unused containers will/ can be accepted for refund. If you want/ wish/ decide/ need to return a product(s) received from our Online Store, please fill out the “Return Section” of the invoice that was enclosed in your original order. Place the invoice inside the package with the items you wish to return, retaining a copy of it.
To prevent the package loss and to ensure the prompt delivery, please keep all shipping receipts for tracking information. Insured Parcel Post is recommended for shipping the return package. Please do not get rid of receipts and tracking information for your records.
Please Note: Only items purchased on Madura can be accepted for the refund. Products received from/ ordered on the Online Store won’t be accepted for return at Any Madura Retail Stores.
If you have questions about returns, please feel free to contact us by phone at 212-260-0262 or via email email@example.com
After receiving the package inspect it for any damage that may have occurred during shipment.
It’s not the problem if the carton show some wear, but if you notice that your items has been damaged, please contact us immediately by phone at 212-260-0262 or via email firstname.lastname@example.org
For fastest service please provide us with your email address, phone number and the order number. Please retain the shopping box, packing materials and the damaged items for inspection by the carrier.
Credit card charges are processed online after ordering the products and/or services.
Quantity Limits and Dealer Limits.
Madura reserves the right, at its sole discretion, to limit the number of items purchased per person, per household, or per order. These restrictions also may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address, or are placed by dealers.
EASY RETURN POLICY
If for any reason you are not satisfied with your purchase, we will gladly accept the return of your unused merchandise with tags attached within 30 days of the original date of purchase for full refund of the purchase price paid in the original form of payment.
Returns will be processed within 10-14 business days from the date we receive your return package at our facility.
Items purchased in stores cannot be returned to www.madurahome.com and must be returned to the store from which the item(s) were purchased. Store returns must follow that store's return policy.
Exceptions will be made for defective items only. In the event the return is made due to defective merchandise, or a wrong item has been shipped, Madura will reimburse the customer for the cost of shipping the merchandise back. In order to receive a reimbursement for the shipping fees back to www.madurahome.com, customers MUST ship the merchandise back by using either standard mail or other couriers, such as UPS or FedEx. If methods other than standard mail are used (Next Day, 2nd Day, 3 day, etc), shipping costs will not be reimbursed even in the event of damaged or miss shipped merchandise.
HOW TO RETURN YOUR MERCHANDISE
Complete the returns form from your online Customer account or as a guest by following the link
Please tell us why you are returning the item.
Each order comes with a packing slip; . Please tell us why you are returning the item.
Package Your Return: Wrap your item carefully in a box and enclose the return form with your item.
We recommend you insure your package and send it via a traceable courier.
Ship Your Return to:
NEW YORK USA
The www.madurahome.com website ('Site') operates in accordance with the requirements of US privacy laws which relates to the personal information you supply on the Site. The Site uses a security system that protects your information from unauthorized use.
We will not sell or distribute information about you as an individual or your personal usage of the Site without your consent or unless required or permitted to do so by law. We may disclose your personal information to third parties who perform functions on our behalf such as shipping, fulfilling orders, processing payments, carrying out promotional services or data management. We will only provide these companies with the information which they need to carry out their services and they will not be permitted to use the information for other purposes. You also acknowledge and agree that in certain circumstances we may be obliged to disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, to prevent and detect fraud and to protect and defend our rights and property.
We may disclose your personal information to any member of our group, which means our holding company and its subsidiaries. In the event that we sell or buy any business or assets, it may become necessary to disclose your personal data to the prospective seller or buyer of such transaction. If either Madura or substantially all of its assets are acquired by a third party, the personal data held by it about its customers will be one of the transferred assets.
We may also use the information we gather to notify you about important functionality changes and alterations to the Site, or offers of products, services or information that might be of particular interest to you. This may involve transferring your information to other companies, inside or outside the US. By submitting your information and ticking the appropriate box, you consent to such use and transfer. If you do not wish us to do so, then please remove the tick in the appropriate box. If at any time you wish to stop receiving information from us or any other company, please write to Customer Services at Madura c/o Ascody Broadway, 909 Broadway, NY-10010 NEW YORK.
We may monitor customer traffic patterns, site usage and related site information in order to optimize your use of the Site and we may give aggregated statistics to a reputable third-party, but these statistics will include no information personally identifying you.
We would like you to keep the information about you up-to-date. You may change any of the basic information we keep about you at any time by sending us an e-mail to email@example.com or by going to our mailing list.
All content on this Site is copyrighted © by Ascody Broadway LLC or, where applicable, independent content providers and third parties. All rights reserved.
Madura and any other Madura name and/or mark on the Site are trademarks of Madura and licensed to us for use on the Site.
A "cookie" is a small data file stored by your web browser on your computer's hard drive. It allows us to recognize your computer (but not specifically who is using it) upon entering our site by associating the identification numbers in the cookie with other customer information you have provided to us. That customer information is stored on our secured database.