These Terms will apply to any contract formed between us in accordance with clause 5.4 for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked “Submit payment & process order” on the “Secure checkout. If you refuse to accept these Terms, you will not be able to order any Products from our site.
We may amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
* The images of the Products on our site are for illustrative purposes only and the Products may therefore vary slightly from those images.
* The packaging of the Products may vary from that shown in images on our site.
* All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.
How we use your personal information
We will in any case use the personal information you provide to us to:
- Supply you with the Products you have ordered from us;
- Process your payment for such Products; and
– Inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
You agree that we may pass your personal information to any Group Company or credit reference agency and, in the case of the credit reference agency, that they and we may keep a record of any search that they do.
How the contract is formed between you and us
- Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
- After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted.
– We will confirm our acceptance of your order to you by sending you an e-mail that confirms that the Products have been dispatched or download link sent to you by email (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
– If we are unable to supply you with a Product you have ordered, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount of the order price as soon as possible.
Our right to vary these terms
We may revise these Terms from time to time in the following circumstances:
- Changes in how we accept payment from you;
- Changes in relevant laws and regulatory requirements; or
– As we consider to be necessary in light of current trading and/or the general business environment, whether locally, nationally or internationally.
Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
Whenever we revise these Terms, we will give you notice of this by changing the relevant date at the top of this page.
Cancellation and returns
You have the right to cancel an order. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and receive a refund. If you cancel your order, we will try to stop it before the Product is dispatched to you but please be aware that this may not always be possible. Where we are unable to stop your Product from being dispatched please return it to us when you receive it, at which point we will process your refund in accordance with these Terms.
However, this cancellation right does not apply in the case of EBooks, or audio or video recordings or computer products that have been unsealed..
Your right to cancel an order expires 30 days from the day after the day you receive: the Product (if your order is for a single item); or the last Product (if your order is for multiple items).
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Details of your right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation.
If you cancel your order we will:
- Refund you the price you paid for the Products. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling of them other than what is necessary to establish the nature, characteristics and functioning of the Products. If we have inadvertently been charged for the direct cost of returning the Product to us (e.g. where you have elected to ‘return to sender’), unless the Product is faulty or not as described we will deduct such direct cost from the refund you would otherwise have been entitled to; and
– Process the refund due to you as soon as possible and, in any case, within 14 days of: (i) if you have received the Product, the day your Product is returned to us, if earlier, the day you supply evidence of having sent the Products back; or (ii) if you have not received the Product, the day on which you gave us notice of cancellation.
We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
- Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products you have ordered and your address. Please allow for extra time for international deliveries.
– We will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation which will be within 30 days after the date of the Dispatch Confirmation unless the Products are pre-order or print on demand Products, in which case we will agree the relevant date with you. If we are unable to meet the estimated delivery date (where there is an Event outside Our Control for example) we will contact you with a revised estimated delivery date.
– Delivery will be completed when we deliver the Products to the address you gave us. Modebooks shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address being supplied at the time of order.
– If no one is available at your address to take delivery, we will either leave you a note that the Products are being held securely by our carrier, in which case, please contact our carrier in the manner provided on the undelivered note to rearrange delivery, or the Products may be left by our carrier with a neighbour or elsewhere in a discreet and secure place which will be notified to you at the time of delivery.
– If we are not able to deliver the whole of your order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
– The Products will be your responsibility from the completion of delivery.
– You will own the Products only once we have received payment in full, including all applicable delivery charges for the full order made by you.
Price of products and delivery charges
- The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the site.
– Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.
– The price of a Product includes VAT or an equivalent tax (where applicable) at the applicable current rate chargeable in the country of your assumed origin for the time being. However, if the rate of VAT or equivalent tax changes between the date of your order and the date of delivery, we will adjust the VAT or equivalent tax you pay, unless you have already paid for the Products in full before the change takes effect.
– Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
– Where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
How to pay
You can pay for Products using a debit card, credit card, bank transfer or PayPal, Gpay and Apple Pay.
Payment for the Products is at the point of order.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event outside Our Control. An Event outside Our Control is defined below:
An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
If an Event outside our control takes place that affects the performance of our obligations:
- We will contact you as soon as reasonably possible to notify you; and our obligations will be suspended and the time for performance of our obligations will be extended for the duration of the Event outside our control. Where the Event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event outside our control is over.
Other important terms
We may transfer our rights and obligations under a Contract to another organization, but this will not affect your rights or our obligations under these Terms.
This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty, but we and you will not need their consent to cancel or make any changes to these Terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.