- Terms & conditions introduction
1.1 We operate the website www.modestialondon.com (the “Website”). We are part of AALondondesign Limited, a company registered in the UK under company number 15143006.
1.2 If you are a consumer then references in these terms and conditions (the “Terms”) to “you” are to the individual using our website and purchasing the products detailed on our website (“Products”) for private and non-commercial purposes.
1.3 These Terms (together with our Privacy Policy) tell you information about us and the legal terms and conditions on which we sell the Products to you. The Terms, Privacy Policy and Terms of Website Use are together the “Agreement”.
1.4 By registering with Modestia London and ordering a Product through this Website, you accept that you are entering into a contract with us under these Terms. People who register with Modestia London establish an “Account”, and become “Users”. Visitors toModestia London who do not register with Modestia London, but who nevertheless use the Site affirm that they are bound by these Terms each time they access Modestia London.
1.5 If you do not agree to these Terms, you must not use this Website.
1.6 Please note, we reserve the right to amend these Terms from time to time.
- Placing an order
2.1 A contract for the purchase of a product is created as follows:
2.1.1 To place an order, a visitor must become a User by creating an account, as outlined in Section 1.4;
2.1.2 The User places the order on the Site by pressing the order confirmation button at the end of the checkout process.
2.1.3 By confirming your order, you are agreeing to purchase the “personalised product” you have selected for your order;
2.1.4 At this point, we take payment for your order by means of your nominated payment method;
2.1.5 We will confirm our acceptance of your order by sending you an “order confirmation email”, which will make the agreement legally binding on you and us. Each order placed will incorporate the Terms and shall be a new and separate contract between you and us;
2.1.6 Once your Order has been despatched for delivery, you will receive a “despatch confirmation email”.
2.2 If your order is rejected we will contact you to confirm this and you will be refunded for your Order. We may reject an order for any of the following reasons:
2.2.1 If we do not have your chosen product in stock;
2.2.2 Where we cannot obtain authorisation for your payment;
2.2.3 If there has been a relevant pricing or product description error;
2.2.4 If your order otherwise breaches any of the requirements of these Terms;
2.2.5 The use of images for a personalised product which are corrupted, unsupported technically or inadequately pixelated;
2.2.7 We suspect that the order has been placed fraudulently;
2.3 We cannot make changes or cancel your Order once it has been placed – for further details on our Cancellation Policy, please see Section 6.
- Products shown and pricing
3.1 We endeavour to ensure that every product on Modestia London is shown accurately, however, occasionally there may be small variations in colour, typefaces and layout.
3.2 The prices displayed on the website are subject to change and we reserve the right to change these at any time.
3.3 In rare cases, the price quoted for a Product may be displayed incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price before you make your payment. We are under no obligation to provide the Product to you at the incorrect price, even after an Order Confirmation Email has been sent, if the pricing error is obvious and unmistakeable and could reasonably be recognised by you as a mis-pricing.
3.4 Prices shown on the website are in GBP and are inclusive of Value Added Tax (VAT) at the prevailing rate. The price of the product does not include the delivery charge. You are advised of delivery charges at checkout, for more information on delivery please see Section 5.
3.5 Modestia London does not cover, and will not be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government’s import office if you are concerned that your order may incur import taxes when it ships from the UK.
- Delivery of products
5.1 The price for delivery is shown separately to the cost of goods at the checkout stage before you place your order.
5.2 Delivery charges and times can be consulted on our Shipping & Returns page.
5.3 An estimated delivery date will be given when you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control, please see Section 15 for further information on this. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery.
5.4 Modestia London does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government’s import office if you are concerned that your order may incur import taxes when it ships from the UK.
- Changing or cancelling an order
6.1 You cannot cancel or edit your Order after it has been placed
6.2 We are not responsible for customer generated mistakes, errors or defects including spelling, typographical or grammatical errors; poor image quality derived from low resolution images, order quantity, or other ordering errors, including delivery address. To prevent these errors from happening, please review your order carefully before proceeding to payment.
- Refund policy
7.1 We do not Offer returns and refunds for the time being.
- Returns policy
8.1 Any returns must be made to us with the tags and labels still attached within 14 days. The items being returned must be unworn and in their original state. Once we have received the item back and have completed quality checks, we will issue a refund. Please note return refunds do not include shipping fees which was paid when the item was originally ordered, and return shipping charges are paid by the customer. To issue a return please email us at info@modestialondon.com.
- Payment and charges
9.1 We only accept payment through the payment methods advertised in the payment section of the checkout on modestialondon.com.
9.2 The total charges for the Products and delivery are listed on the checkout page and on the Order Confirmation Email.
9.3 Payment will be deducted from your account when we send you the Order Confirmation Email.
9.4 When submitting your order, you warrant that all the detail you have provided are valid and accurate at the time, and that when your order is accepted by us, payment will be made in full.
9.5 If we cannot accept your order for the reasons outlined in Section 2.2 then no charges will be made to your card.
9.6 Your Order Confirmation Email contains all the necessary information to constitute a simplified VAT receipt in line with HMRC guidelines.
- Privacy
10.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this.
10.2. Intellectual Property Rights
10.3 All material on our Website is either owned by or licensed to AALondon Ltd and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography, text, layout, look and graphics. All worldwide rights are reserved.
10.4 You may not copy, distribute, create any derivative work or commercially exploit the content from AALondon, or any of the material found on our Website without our prior express, written permission.
10.5 Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
- Links
11.1 Our site contains links to other websites over which we have no control. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by visiting or using those websites, you do so at your own risk. - Liability
12.1 We, and any of our members, agents, directors, employees or partners, have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
12.1.1 any loss of income or revenue, business, profits or contracts, and anticipated savings;
12.1.2 any loss or corruption of data;
12.1.3 any loss or damage which does not directly result from our failure to comply with this Agreement.
12.2 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
- Risk and title
13.1 The Products will be at your risk from the time of delivery.
13.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
- Termination
14.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due. - Events outside our control
15.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that is caused by an Event Outside Our Control, as defined below.
15.2 An “Event Outside Our Control” means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
- Law and jurisdiction
16.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only. - Engagement with our customer service team
17.1 We will always be polite & friendly to customers who get in touch with us, and ask that you engage with us in the same way. Abusive language and threats will not be tolerated in any communications with us, be it via email, live chat, over the phone, or on Social Media. The use of inappropriate language may prevent us receiving your emails or messages, as these are automatically filtered to remove abusive content.
- Promotions
19.1 All promotions are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
19.2 All promotional codes must be applied by the Customer prior to completing the order for the discount to be deducted. Promotions cannot be applied to previously placed orders or orders placed after the promotion’s expiry date.
19.3 Unless stated, discounts cannot be combined and only one offer can be applied to any order, including site wide sales. In this case, the better discount will automatically be applied to the Customer’s order.
19.4 Modestia London reserves the right to exclude certain products from promotions. See the specific details of the promotion for excluded products.
19.5 Promotional codes are not transferable or redeemable for cash or credit (this includes gift cards).
19.6 Modestia London reserves the right to amend or withdraw a promotion at any time.
19.7 Modestia London shall not be liable for any financial loss arising out of the refusal, cancellation, or withdrawal of any promotion or any failure or inability of a Customer to take advantage of a promotion for any reason.
19.8 For exclusions and details on our current promotions, click here
- Credit
20.1 All Modestia London credit is applied to the value of the order, including delivery costs and are subject to our general Terms and Conditions.
20.2 All credit must be applied by the Customer prior to completing the order for the discount to be deducted.
20.3 Promotional codes cannot be applied when purchasing credit, but can be used in conjunction with an order where credit is used as a partial or full payment method, subject to our Terms and Conditions above.
20.4 Credit cannot be used to purchase more credit.
20.5 The maximum amount of credit must be used on any given order once credit has been applied. Credit cannot be applied in smaller increments and can only be used in a partial payment when the order value exceeds the total amount of credit in the given account.
20.6 Excess or unused credit is not transferable, refundable, or redeemable for cash and has no expiry date.
20.7 Any credit bought through any store in a particular currency cannot be transferred to another store into another currency.
20.8 Modestia London reserves the right to amend or withdraw the discount on credit at any time.
16 Decemebr 2023