Last update 01/Jan/2025
This page (together with the referenced documents) contains the Terms and Conditions of sale (the "Terms and Conditions") of purchase of the products (the "Products") that appear on our website www.mokko.es (the "Web"). Read them carefully before making any purchase. IF YOU DO NOT AGREE WITH ANY CLAUSE OF THIS DOCUMENT, PLEASE DO NOT PLACE ANY ORDER, LET'S AVOID BAD EXPERIENCES.
The execution of an Order implies acceptance of these Terms and Conditions. You can print them and keep a copy of them for future reference.
We store the content of all Contracts and we send you more information about it through email. The Terms and Conditions are available to you at all times. For more information about your last Orders, sign in by going to " My Account ".
Accounts
1.1. Before you can place an order online, you must have a Mokko account which is created by completing the registration form on the website. The client will be responsible at all times for each and every one of the uses of the account. The information provided must be accurate and complete.
1.2. Mokko has the right to refuse requests and to immediately close your Mokko.es account if it violates our general terms and conditions.
1.3. The creation of a User account allows obtaining an identifier and a password necessary to access the Website. The password is strictly personal and confidential. You must keep it secret and it must not be disclosed. The User is fully responsible for the protection of the password he has chosen.
1.4. Only the creation of one account per User is authorized.
1.5. In case of forgetting the password, the User has the possibility of generating a new one. This password constitutes the guarantee of the confidentiality of the information contained in your account.
1.6. At any time, if you have not yet placed any order, you can cancel your User account.
1.6.1. To cancel your account you must fill out a request form that you can see at the following link. When you send the request to close the account, we will send a message to the email address you have registered within 24/48 hours to confirm that we have received it. Accounts typically take 1-3 days to close from the date the request is received.
However, if you have an order pending delivery we will keep the account open until it is properly completed and so that we can fulfill our obligations to all buyers.
After the complete process, the account will be permanently closed and your data will be deleted. If you change your mind and decide to keep your account, you have 7 days from the day of cancellation to request its reopening. Please note that the account reopening option is only available if your account was in good standing when you closed it.
1.6.2. For security reasons, you cannot transfer your Mokko account to another person. However, you can add a secondary contact to the account.
1.6.3. Once we have closed the account, we will send an email to the registered address to inform you. If you want to use Mokko again, you'll need to create a new account.
1.6.4. We are unable to close an account or delete associated data under the following circumstances:
• You have pending transactions (ie, pending payments, pending shipments).
• Account-related data must be retained to detect, prevent, mitigate, or investigate illegal or fraudulent activity.
• The data related to the accounts must be kept for certain reasons according to current legislation.
• A public health problem has occurred.
• Mokko is forced to keep certain data as a result of a subpoena or any other judicial/legal order that it receives.
1.7. Mokko reserves the right to terminate the use of the application at any time by deactivating the User's account in the event of non-compliance with our general conditions of sale or fraudulent use of the account.
1.8. Mokko Join Club Accounts
1.8.1. If you are a club or association, a store or company of the guild, you have a crowdfunding campaign, a channel or you are going to hold a tournament or event, you will be able to obtain certain benefits and extra discounts that we offer you as a member of Mokko Join Club. For get it you must meet one of the following requirements:
Clubs and associations
• Be registered as a club / association.
Projects / Crowdfunding / Freelancers
• Website, link, dossier... of the project and registration in economic activities of the guild in your country.
Shops / Companies
• Registration in economic activities of the guild in your country.
Make at least one purchase within 10 days of the account being registered.
Orders
2.1. Any order implies the express and unreserved acceptance by the Customer of these general conditions of sale and entails the waiver of any application of their eventual General Purchase Conditions.
2.2. Orders are sent through our website www.mokko.es
We will send you an email confirming receipt of order. Orders are validated until 3:00 p.m. on business days; after this time they will be registered the next business day, except in the case of Mokko Express orders, where the deadline is 12:00 h.
2.3. The Company strives to maintain access to the website 24 hours a day; In any case, you can not be held responsible in case of interruption of the service, especially for reasons of maintenance or technical problems. The Client declares to know the technical limits related to Internet technologies, especially the part concerning the consultation of information, the sending of files and the particular risks of this technology.
2.4. Any cancellation of order will not be possible without the acceptance of the Company, and will be confirmed in writing in this case by email. Once the file control has passed and if it has not been passed to production, the cancellation will have a cost for the work of management, review and processing of the order. In case the order has passed this process it will not be possible to cancel it.
2.5. The Company reserves the right to cancel the order completely in case of verbal or physical violence towards employees, subcontractors, leaders or the client of the company, the use of raw language, is considered to be part of verbal violence .
Prices
3.1. The sale prices marked on the website of the company are valid until new appearance, canceling the previous conditions. Prices are subject to change without notice. At that time the current ones are those published in www.mokko.es .
3.2. Regardless of any previous price that you have seen or heard, once you have selected a Product for your Order, you will be shown the corresponding price (on the Web), which will include VAT. VAT will be included , if appropriate, when you add your billing address as well as any applicable shipping costs. Unless otherwise indicated on the Website, all prices will be shown in the currency in force in Spain at the time of purchase.
3.3. In order to complete the purchase process, you must pay the entire amount of the order only once. The means of payment will be: Credit or debit card or payment by bank transfer. It is not allowed to use data or third-party payment instruments. In order to guarantee the confidentiality and security of the data transmitted through the web, Mokko uses a secure payment system SSL (Secure Socket Layer). However, we are not obligated to send the items until we have registered the full payment of the purchase. According to the results of the verification of the card, we reserve the right not to offer certain forms of payment and redirect you to others.
3.4. To enter the data of a card or a bank account, you must have the right to use it and that card or account must have sufficient funds to cover the possible payment.
3.5. You are responsible for the totality of data provided for the purpose of purchasing Products are correct, that the credit or debit card, the bank account or the form of payment used belong to you and that such cards, accounts or forms of payment have the necessary funds to cover the cost of the Products. We reserve the right to require a confirmation of the payment information before sending the Order.
3.6. The realization of an Order on the Web implies acceptance of these Terms and Conditions on the date of completion of the Order. You are responsible for reviewing the latest version of the Terms and Conditions when placing your Order.
3.7. I accept to receive the invoices and the installments of my returns only and exclusively in electronic format.
3.8. The issuance of your Order will constitute the execution and entry into force of a Contract, for all purposes. For our part, we will be obliged to send you the Products requested and the acknowledgment of receipt of your order.
3.9. We will start the production process of the Products by sending you a notification email. In said email, we will provide you with information about it. In the event that the Products are not available, we will contact you in order for you to confirm the cancellation of the Order or to offer you alternative Products. If you do not receive the notification email, contact us.
3.10. The document called Confirmation Mail of the Order will contain all the details related to your purchase. After the acceptance of your Order, you will receive an invoice, which will not affect your obligation to pay the amount of the purchase in advance.
3.11. If, after completing the Order, you discover that it contains an error, please contact hola@mokko.es immediately. We can not guarantee the modification of the Order according to your indications.
3.12. Mokko.es reserves the right to modify the prices of its products. The purchase price will be the current one at the time of closing the transaction.
3.13. The Contract only refers to the Products that we list in the Confirmation Mail of the Order. We are not obliged to send any of the Products that appear in your Order until we have sent you the Confirmation Mail of the Order referring to them.
3.14. You must provide us, as well as our sales representatives or through our Website, with correct and non-misleading information. Also, you must inform us of any change that occurs in your data.
Payment methods
4.1. Payment for orders can be made by credit/debit card. To carry out the electronic payment, Mokko.es has installed an electronic commerce payment gateway provided by banking entities authorized for them. All data provided to Mokko.es is duly encrypted to guarantee maximum security and confidentiality, and is hosted on a secure server certified according to the "Secure Socket Layer" (SSL) protocol.In no case will Mokko.es store the card data provided by the Clients through the payment gateway, and they will only be kept while the purchase is made, the payment is made and until the withdrawal period has elapsed, with in order to be able to return the corresponding economic amounts.
4.2. You can pay quickly and safely with your PayPal account, without sharing financial information with Mokko.es. If you select this payment method, you will be redirected to PayPal's secure page, where you must enter your credentials and accept the payment. Once the payment is confirmed, you will be returned to the Mokko.es confirmation page, where you can confirm the status of the purchase made. The use of this method has a commission which Paypal establishes for sellers for the use of its platform.
4.3. Bank transfer.
4.4. No discount will be accepted for prompt payment.
4.5. You can pay all or part of your purchase with Mokko Credits.
General conditions of use of Mokko Credits
4.5.1. Mokko Credits are available for virtual sale at Mokko.es
4.5.2. Mokko Credits allow you to buy any item on sale at Mokko.es.
4.5.3. Mokko Credits cannot be used on previously placed orders.
4.5.4. Mokko Credits can be paid through any of the payment methods accepted at Mokko.es. In no case can Mokko Credits be paid for using more Mokko Credits.
4.5.5. Mokko Credits can be redeemed for money. If you no longer want or intend to spend your remaining Mokko Credits, we can refund the amount, except for the extra credit percentage part.
4.5.6. The amount paid for Mokko Credits will be returned in the same way it was paid.
4.5.7. Mokko Credits can be used as many times as desired until all Mokko Credits in your account are used up.
4.5.8. The Mokko Credits available on your account at any time is the difference between the Mokko Credits available at the time immediately prior to making a purchase and the corresponding amount used to pay for such purchase. If the purchase exceeds the available balance in Mokko Credits in your account, the difference may be paid through any form of payment accepted at Mokko.es stores, as the case may be.
4.5.9. The available Mokko Credits will appear each time a purchase is made at Mokko.es on the shopping cart and/or Checkout page.
You can check the available Mokko Credits by accessing your personal area.
4.5.1. Products purchased with Mokko Credits at Mokko.es are subject to the same purchase and return policy as the rest of the products purchased at said store.
4.5.11. If applicable, the refund of the amount of the products purchased with the Mokko Credits that are returned will be made by an increase in Mokko Credits available in your account of the proportional part spent at the time of purchase.
4.5.12. The forms of reimbursement established in this section are an essential condition, for which reason they are considered expressly accepted with the acquisition and/or use of Mokko Credits.
4.5.13. The responsibility for the use of Mokko Credits corresponds exclusively to their holder.
4.5.14. In case of acquisition of Mokko Credits, Mokko will not be responsible for non-receipt or delay in receipt of Mokko Credits
by its recipient for reasons beyond the control of Mokko.es, including, among others,
(i) deficiencies or collapse of telecommunications lines or systems,
(ii) the delay in the transmission of information or data or loss of information or data that may be caused by any of the circumstances mentioned in (i),
(iii) the inaccuracy of the data of the recipient of the Mokkko Credits provided by the buyer,
(iv) the impossibility of delivering the Mokko Credits to the email account provided or
(v) the consideration of the email sent by Mokko.es as spam or junk mail.
4.5.15. Mokko Credits originally obtained illegally will be null and void, may not be used for the purchase of goods, and their amount will not be refunded.
4.5.16. The acquisition and/or use of Mokko Credits implies full acceptance of these general conditions.
Shipping and Delivery time
6.1. Delivery times are considered indicative and subject to change. Mokko acts as a liaison between the shipping agency and the customer. We do not obtain any benefit from the shipping service. Once the order is delivered to the shipping agency, all responsibility for the shipment is transferred to the customer. The customer releases Mokko from all liability and compensation for failed deliveries (incorrect delivery address provided, absence at home at the time of delivery, etc.), non-payment of customs fees, losses in shipments or returns, damage, return of the shipment due to not picking up the shipment in time at the carrier's office, etc. However, we are committed to taking all steps within our power to resolve any problems that may arise with the delivery of your order.
6.2. The delivery time will be selected on the final checkout page, and the different options available will appear depending on your order. This is determined by: Receipt of payment + production time + shipping time + courtesy day.
6.2.1. In addition, please note the following: Receipt of payment: The only payment method is advance payment. Production will only begin once payment has been received. Please take this into account when calculating your delivery time.
6.2.2 Receipt of data: As soon as you have submitted all your data, you must confirm that the process has been "PROCESSED." From that moment, we can process the data for production. If the data does not meet our requirements, delays may occur.
6.2.3 Production time: This may vary depending on the item chosen and the quantity.
6.2.4 Shipping time and cost: The shipping time and cost depend on your country, the total number of data, and the shipping method selected. If the order and receipt of payment and data are processed on business days before 3:00 PM, that business day will be counted toward the total delivery time. Receipts after 3:00 PM will be processed the following business day.
6.2.5 Court Day: This is the time we provide you with to change your order before it goes into production.
6.3. Working days are Monday through Friday. Saturdays, Sundays, and public holidays are non-working days in Spain, specifically in Andalusia, Cadiz, and Malaga.
6.4. Delivery will be made to the address indicated by the customer and confirmed upon order acceptance. Delivery will be considered complete upon arrival at that address.
6.5. If a customer places an order and subsequently wishes to add more items or place additional orders without incurring additional shipping costs, they must contact our team before placing new orders. If they do not, each order will be processed separately, and the corresponding shipping costs will apply. Once the order is processed and shipped, it cannot be modified.
6.6. If the customer contacts us before placing additional orders, these may be grouped into a single shipment, and shipping costs for subsequent orders will be waived, if applicable. In this case, all grouped orders will be based on the earliest delivery date established among them. This grouping does not guarantee a reduction in production or delivery times.
6.7. All orders include, optionally and not obligatorily, a gift bag. However, the inclusion of this bag is discretionary and does not constitute a commitment on the part of Mokko.es. Under no circumstances will the absence of such a bag be grounds for claim or compensation.
6.8. In the event that a customer places multiple orders with individual shipping costs already paid, Mokko.es reserves the right to consolidate all orders into a single shipment, without entailing the refund of the shipping costs paid separately. As compensation for the optimized production process and reduced delivery time, a single gift bag will be included in the consolidated shipment, regardless of the number of orders placed and the number of gift bags assigned to each order. This consolidation will not affect the general delivery conditions or Mokko.es' responsibility for transport, as detailed in sections 6.1 to 6.19 of this document.
6.9. Returns processed by the shipping agency.
Shipping to Spain If the shipping agency is unable to deliver your order because your address is incorrect or you were not at home at the time of delivery, the package will be returned to the agency's facilities. You can arrange a new delivery by contacting them directly.
Your package will be available at their facilities for 15 days. If the package cannot be delivered, it will be returned. We will contact you to notify you that your order has returned to our facilities. The return to our facilities may take 7-10 days.
We will verify all information with the customer and make a new shipment, which must be paid by the customer in this case.
International Shipments These orders are returned because the address provided by the customer is incorrect, incomplete, illegible, or you were not at home at the time of delivery. To avoid this, please verify that all information provided for delivery is correct.
If after the delivery attempt, the shipping company cannot locate the customer and the shipment is returned, we will contact you to notify you that your order has returned to our facilities. The return to our facilities may take between 2 and 4 months.
We will verify all information with the customer and make a new shipment, which must be paid for by the customer in this case.
6.10. Delivery times are given for information purposes only and without guarantee. Under no circumstances may a delay result in cancellation, rejection of the goods, or damages.
6.11. The indicative delivery times appearing on the platform www.mokko.es may be revised if the customer's files need to be updated or if they are non-compliant and must be sent back to the company. If your file is blocked due to a commercial or technical failure, the delivery time will be suspended and will continue after confirmation validation.
6.12. Manufacturing may only be carried out if the Customer is up to date with their obligations to the Seller.
6.13. Goods travel with the risks and dangers inherent in transportation. The recipient must verify the good condition of the order at the time of delivery. This verification must include quality, quantity, and references of the goods, as well as compliance with the order. Shipping times are not guaranteed.
6.14. Any delay, whether due to the Customer's failure to deliver files, color proof validation, or force majeure, will rightfully result in the application of additional deadlines.
6.15. We do not ship to the Canary Islands, Ceuta, or Melilla.
6.16. Mokko is not responsible for import and/or entry taxes, nor for any costs associated with customs clearance, DUA, etc. These are the customer's responsibility.
6.17. If the order sent is rejected or not accepted at the time of delivery, the customer assumes all responsibility, costs arising from the non-acceptance, and possible loss, misplacement, or damage to the order, exonerating Mokko from all liability.
6.18. Shipping agencies will make a single delivery attempt, although they may exceptionally make additional attempts at the discretion of the office in your area.
Out Greater
7.1. In case of force majeure that retards, impedes or makes the execution of the sale economically exorbitant, it has as a consequence the suspension of the contractual guarantees of the Company.
7.2. A case of force majeure is any event of any nature that reasonably escapes the control of one or other of the parties, such as, for example, a fire, the breakdown of the supply of raw materials, power cuts or machinery breakdown, making it impossible to execution of work entrusted to agreed deadlines, strike or blockage, interruption of means of transport, whatever the cause, legal or regulatory provisions that affect the production or delivery of products.
7.3. If the event lasts for more than 3 months, the Company reserves the right to cancel the contract without compensation.
Withdrawal of orders
8.1. Information on the right of withdrawals
8.1.1. The right of withdrawal of an order in production or delivered does not exist for distance contracts for the supply of goods made according to the specifications of the consumer and user or clearly personalized.
8.1.2. Consumer is any individual who concludes a legal business with an objective that can not be attributed to their business activities or on their own.
8.1.3. You have the right to withdraw from this contract within 14 days without any need for justification. The withdrawal period will expire 14 days from the day that you or a third party indicated by you, other than the carrier, acquires material possession of the last of those goods.
8.1.4. To exercise the right of withdrawal, you must notify us of your decision to withdraw from the contract through an unambiguous statement (for example, a letter sent by postal mail, fax or email). You will be able to use the model of withdrawal form that we will send to your request, although its use is not mandatory.
8.1.5. To comply with the withdrawal period, it is sufficient that the communication regarding the exercise by you of the right of withdrawal be sent before the expiration of the withdrawal period.
8.2. Consequences of withdrawals
8.2.1. In case of withdrawal by you, depending on the moment you have requested such cancellation may or may not incur administrative costs, production or design to be assumed by the client. Once we process the request, it is impossible to cancel it. In any case, we will proceed to reimburse you for the payments made by you, (including the delivery costs minus said cancellation expenses) without any undue delay and, in any case, within a maximum period of 20 days from the date on which we receive and check the returned products or inform us of your decision to withdraw from this contract if the shipment has not yet occurred. To cancel you must fill the following form.
8.2.2. The right of withdrawal and claim will not be applicable to products manufactured following the specifications given by the customer, that is, clearly personalized.
8.3. Costs of withdrawals
8.3.1. In the case of a withdrawal of an order not processed due to a stock error, the cancellation will be at no cost to the customer. If, on the other hand, the withdrawal is due to a change in the products requested such as quantity, color, model..., a change in the payment method or withdrall of the order the cancellation entails administrative management costs.
8.3.2. Withdrawal of a confirmed order before processing:
- Payment by transfer 1% of the total order.
- Payment by bank card 2% of the total order.
- Payment through PayPal 6% of the total order
8.3.3. Withdrawal of an order processed before production:
- Payment by transfer 1.5% of the total order.
- Payment by bank card 3.5% of the total order.
- Payment through PayPal 7.5% of the total order.
8.3.4. Any deterioration of the merchandise or packaging, error of quantity, etc., verified upon receipt of the package must be noted on the delivery note. A thorough control of the merchandise must be done, and these possible deteriorations must be communicated to the carrier by certified mail with a copy to Mokko within a maximum period of 48 hours after delivery. In no case, the disputes with the carriers can justify the non-payment of the invoiced goods.
8.3.5. No claim related to the quality of the goods will be taken into account beyond a period of 14 calendar days after the actual receipt of the goods according to the date of signing the delivery note of the carrier. The claim must be notified.
8.3.6. In case of defective delivery, our company only guarantees the exchange of the merchandise for a product according to the requirements of the order, expressly excluding all damages suffered directly or indirectly, particularly in case of a situation of greater cause, of incidental cause or in case of an event that has made it impossible for our company to perform its obligations.
8.3.7. Taking into account the uses and customs of the profession and the technical limits inherent to our production processes, our Company is not obliged to ensure a delivery of the exact amount provided in the order. The customer must accept a tolerance of plus or minus 5% of the amounts planned.
Refunds and cancellations
9.1. We discourage users from causing cancellations and refunds. Cancellations, refunds or multiple refunds will affect users who are registered in Mokko.es and will lead to loss of account privileges, start up production fee payment, temporary and/or permanent restrictions on their account depending on the severity.
9.2. Buyers should avoid submitting a dispute or reversing payment through their credit card holder, bank, or PayPal. Attempts to request a refund in this manner will result in the Buyer's account being automatically suspended.
9.3. Mokko reserves the right to change the option in the refund process regardless of the option selected by the customer.
Production, characteristics of the dies, technical limits, computer files and tests
10.1. The computer files necessary to manufacture the engraved or printed product must be provided by the client. They must strictly comply with our technical requirements.
10.2. It is specifically agreed that the client understands and is able to understand and apply the directives of the technical notebook and instructions.
10.3. The final production and customization process of our dice is carried out in blocks (meaning grouped with other clients' work) and is partially handmade. For this reason, our dice are not completely perfect. Therefore, the client accepts and is fully aware of the technical characteristics and limitations that this type of product, production, and customization entails. These limitations are not considered defects. Therefore, within the same production, in future or successive iterations, and in part or all of the order, the following may be found:
- Off-centered engravings for customization.
- Irregularity in the shape of the dice, especially in resin-made dice.
- Small peculiarities in the dice, number dots, engravings, and/or in the final paintwork. details.
- Banding in the engravings.
- Small variation in the size and depth of the engravings.
- Variation in the size of the dies of up to ± 0.5 / 2 mm and the weight between them.
- Variation in the base color, marble effects, and/or transparency effects.
- Defects such as discoloration or lack of final paint on details and/or some small paint residue.
- Changes in the arrangement of the designs on the face(s) assigned.
- Although we try to reproduce the colors on screen as closely as possible to reality, it is not always possible; there may be differences in the tones, colors, and final effects depending on the device and/or screen on which you view them.
- The digital art shown in the customizer is a mere approximation of the final result in terms of positions, sizes, details, and final engravings, colors, tones, and so on. Therefore, we are not responsible for the final results of the engravings if your file contains text and/or lines, strokes, and so on that are incompatible with our technical requirements and are not reproduced clearly and/or do not appear in the final production.
10.4. Mokko.es uses names, nomenclature, and commercial descriptions to identify its customizable dice for illustrative purposes and for differentiation within its catalog. These names do not necessarily correspond exactly, specifically, or directly to the actual colors, shades, or materials of the products.
Consequently, the customer acknowledges and accepts that the designation used on the website for each die model is merely indicative and does not constitute a contractual element or a commitment on the part of Mokko.es that the product faithfully reflects said nomenclature. The perception of colors and finishes may vary depending on factors such as the user's screen settings, lighting, or the manufacturing process.
Mokko.es will not be liable for discrepancies between the product name and the customer's subjective interpretation of its appearance or characteristics.
10.5. It is also agreed that we are in no way responsible for printing defects, colorimetry, character defects, overprinting, cut-off text, or image conversion that may be present in the customer's files. We do not process client files, so we cannot be held responsible for any errors or failures arising from them. The client must always review their data and follow the file preparation recommendations for correct processing.
10.6. The Client also acknowledges that they are aware that design programs never guarantee 100% reproduction of the file that appears on the screen, and that subsequent processing may lead to results that differ from a screen view or a printout on a connected photocopier.
10.7. Mokko reserves the right to make any changes it deems necessary to the files provided by the client that do not comply with the technical specifications (bleeds, formatting, Pantone©, RGB, and CMYK color conversion to B/W, RGB to CMYK conversion, etc.). The Company also reserves the right to reject any order if the files do not meet the basic technical specifications.
10.8. The colors displayed on the screen may vary depending on the screen you are viewing them on. Each device uses a different calibration.
10.9. For these reasons, the Company will not be held responsible for non-compliance with technical requirements.
10.10. The client unreservedly accepts the technical limitations presented above.
Customer Responsibility and Intellectual Property
11.1. Original Content of the Client
It is presumed that the Client owns the reproduction rights of the documents, images, logos, characters, etc. that it entrusts to the Company for printing, and that they benefit from the laws on intellectual property, authorizing the Company to use them commercially later. The Client assumes full responsibility for any damages that could be claimed by other people.
11.2. Permissions and Licenses
If the Client includes in its content logos, images, designs, trademarks or other materials that are not of its own creation, it must first obtain the necessary permissions, licenses or authorizations from the owners of those rights before using said materials. The Client must be able to demonstrate that it has such authorizations, in case Mokko or any third party requests it.
11.3. Mokko's Disclaimer
The Client is solely responsible for ensuring that all material used to personalize the products complies with intellectual property regulations and does not infringe the rights of third parties. Accordingly, the Client releases Mokko from all liability for:
Third party claims relating to infringement of copyright, trademarks, patents, design rights or other intellectual property rights that may arise from the use of unauthorized materials.
Any damage or loss (including economic, moral or reputational damage) that may arise as a result of litigation, disputes or claims regarding content published by the Client.
Legal costs and expenses, including court costs and attorneys' fees, that Mokko may be forced to bear as a result of a third party claim regarding the use of content that infringes intellectual property rights.
11.4. Indemnification
The Client agrees to indemnify and hold harmless Mokko, its employees, partners, directors, agents and affiliates from and against any claim, demand, legal action, fine, penalty or expense (including attorneys' fees) arising from:
Infringement of intellectual property rights (copyright, trademarks, patents, etc.) by the use of images, logos, trade names, trademarks or any other content that is not owned by the Client or that does not have the necessary licenses for its use.
The failure to comply with intellectual property laws in force in the relevant jurisdiction.
Any claim by a third party alleging that the content used by the Client infringes its intellectual property rights.
11.5. Responsibility for Published Content
Mokko does not pre-screen the content used by the Client and therefore assumes no responsibility for any possible infringements of intellectual property rights, image rights, privacy rights or any other applicable regulations in the materials used or published by the Client.
The Client guarantees that:
- It will not use content that includes material protected by intellectual property rights without obtaining the necessary authorizations.
- It will not use illicit or inappropriate material that may damage Mokko's reputation, including images, designs or logos that infringe the rights of third parties, nor will it use materials that contain offensive, discriminatory or illegal content.
11.6. Content Modification Rights by Mokko
Mokko reserves the right to review, modify, edit or remove any portion of the content used by the Client prior to final production. These modifications will be made to:
- Ensure consistency of the content with Mokko's editorial and graphic standards.
- Correct or adjust any material that, in Mokko's opinion, may infringe third party intellectual property rights.
- Remove any content that may be deemed inappropriate or damaging to the brand.
The Client shall not be entitled to additional compensation for these modifications, and the final content produced using Mokko's media shall be deemed to be the exclusive property and control of Mokko.
11.7. Termination of Contract for Infringement of Intellectual Property Rights
Mokko reserves the right to immediately terminate the contract with any Client who is involved in a legal dispute or who infringes the intellectual property rights of others, without prior notice. In such event, Mokko shall have no obligation to provide additional compensation or make future shipments of products.
11.8. Backup and Preservation of Evidence
The Client must retain backup copies and any documentation proving the obtaining of permissions, licenses or authorizations related to the use of content that is not its property. In the event of a claim, it will be the Client's responsibility to present this evidence in accordance with the corresponding legal requests.