This website at the URL (houseofmodir.com) (“the HOUSE of MODIR website”) is owned by HOUSE of MODIR whose registered office is at Workbox, Wharf Road, Penzance, Cornwall, TR27 4FG.
Products purchased via the HOUSE of MODIR website will be sold to you by HOUSE of MODIR, whose registered address is at Workbox, Wharf Road, Penzance, Cornwall, TR27 4FG.
It is important that you read these terms and conditions (“Sales Terms”) carefully before ordering any Products from the HOUSE of MODIR website. Your purchase of Products via the HOUSE of MODIR website will be governed by the Sale Terms. By ordering any Products, you agree to be bound by the Sale Terms.
1. About These Sales Terms
These Sales Terms are applicable to all orders and purchases made via the HOUSE of MODIR website. HOUSE of MODIR may revise these Sales Terms from time to time. Any changes to the Sales Terms will apply on or after the date that the revised Sales Terms are published. You are advised to check this page from time to time to take notice of any changes, as they are binding on you.
HOUSE of MODIR offers products for sale via the HOUSE of MODIR website to consumer customers. HOUSE of MODIR reserves the right to not fulfil orders placed by non-consumers or by individuals who fail to comply with these terms.
With regard to purchases made by you via the HOUSE of MODIR website, HOUSE of MODIR will usually communicate with you electronically by email, using the email address provided to HOUSE of MODIR when you place an order or otherwise communicate with HOUSE of MODIR. You may still contact us by using the contact details on the HOUSE of MODIR website.
BEFORE PLACING AN ORDER FOR PRODUCTS YOU MUST READ AND AGREE TO BE BOUND BY THESE SALES TERMS.
2. Your account
If you create an account (personal user identification or username) on the HOUSE of MODIR website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your password.
By creating an account, you agree to accept responsibility for all activities and purchases that occur under your account, unless those activities or purchases are carried out by an unauthorised third party who has gained access to your account other than by reason of your negligence or carelessness.
HOUSE of MODIR makes no guarantee that the HOUSE of MODIR website or your account will be error free or secure from bugs or viruses. You are responsible for your own information technology and security and you should use your own virus protection software. Please tell us immediately if your account or payment details have been lost or stolen. If we become concerned about the security of your account, we may block access and usage.
3. Placing an Order
To be able to buy Products you must:
• read and accept these Sales Terms;
• provide your name and address, phone number, email address, payment details and other required information;
• provide an eligible delivery address in Great Britain or Northern Ireland (see below for further details);
• be legally capable of entering into binding contracts; and
• be the owner or authorised holder of a valid debit/credit card, gift card or Apple Pay account.
You may place an order by clicking on the “ADD TO CART” button and proceeding to the checkout page.
At the checkout page you will be provided with an opportunity to review your order(s), read and accept these Sales Terms, check the total price of your order(s) and the information you have provided, and correct any input errors before confirming your order(s).
You must check and ensure that your delivery address is correct before placing your order as it may not be possible to change your address before the order is dispatched.
The HOUSE of MODIR website currently ships to all addresses within Great Britain and Northern Ireland addresses. We do not currently deliver to Channel Islands.
4. Order Processing and Contract Formation
Once you have submitted your order(s) using the HOUSE of MODIR website, HOUSE of MODIR will send you an email acknowledging receipt of your order(s) (“Order Receipt Confirmation”) and setting out details of the ordered Product(s).
HOUSE of MODIR may not always be able to accept your order and HOUSE of MODIR may choose not to accept your order in its sole discretion. For example (without limitation) there may be pricing errors, insufficient stock, unusual orders or orders which HOUSE of MODIR suspects are not placed in good faith. There may also be unexpected events outside of our control meaning we may be unable to fulfil your order.
If your order is not accepted HOUSE of MODIR will inform you via email, and if any payment has already been taken you will be reimbursed in full for any sums paid to HOUSE of MODIR for that order.
After receiving your order(s), HOUSE of MODIR will check that the relevant Product(s) is/are in stock. A contract for the sale of Products between you and HOUSE of MODIR, which will be governed by these Sale Terms, will only be formed when HOUSE of MODIR emails you confirming that all or part the Product(s) is/are still available and has/have been dispatched (“Shipment Confirmation”).
The contract is formed upon HOUSE of MODIR sending the Shipment Confirmation to you at the email address provided with your order. Please contact HOUSE of MODIR’s Customer Care Team if you have not received your Shipment Confirmation within 72 hours of placing your order.
A contract for the sale of Products will relate only to those Products whose dispatch has been confirmed in the Shipment Confirmation. HOUSE of MODIR will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Shipment Confirmation.
In the Order Receipt Confirmation, you will receive a copy of these Sales Terms, however you are encouraged to download, save and/or print a copy of your Order Receipt Confirmation and these Sales Terms for your records.
If you would like to amend or cancel your order before you have received your Shipment Confirmation, you must contact the HOUSE of MODIR Customer Care Team as soon as possible using one of the methods set out in section 17 or as otherwise set out in the Order Receipt Confirmation. It may not be possible to amend or cancel your order, or to prevent dispatch of the Products, due to the speed with which orders are processed. If HOUSE of MODIR is unable to amend or cancel your order and the Products are dispatched to you, you have the option of either refusing to accept the delivery, in which case the Products will be returned to HOUSE of MODIR, or accepting the delivery and then returning the Products to HOUSE of MODIR in accordance with section 12.
Once you have received your Shipment Confirmation, it will be too late to prevent the Products from being dispatched to you. If you would like to cancel your order after this point, please see section 12 below.
5. Prices, Shipping and Handling Charges
The price charged for a Product will be the price in effect at the time your order is placed and will be set out in the Order Receipt Confirmation and in your Shipment Confirmation. All prices are payable in Great British Pound Sterling (GBP).
In the event of a pricing error, whether on the HOUSE of MODIR website or in an Order Receipt Confirmation or otherwise, you accept that HOUSE of MODIR has the right to correct such error and charge the correct price or cancel the order. If the actual price is more than the amount shown on your Order Receipt Confirmation, HOUSE of MODIR will notify you of the correct price and give you the option of proceeding with the order or cancelling it. If we are unable to contact you or if we do not receive a response from you, your order will be cancelled, and any amounts paid by you to HOUSE of MODIR for the Products will be reimbursed. If you do not want to proceed with your order your sole remedy in the event of such a pricing error is to cancel your order.
You acknowledge that even after HOUSE of MODIR has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as an error, then HOUSE of MODIR will be under no obligation to provide the relevant Product(s) to you at the incorrect price.
Prices for the Products include VAT and/or other applicable taxes but do not include charges for shipping and handling. Separate charges for shipping and handling (and their related VAT or other taxes) will be clearly displayed on the screen prior to the completion of your order and will be confirmed in your Order Receipt Confirmation.
Prices for Products and for shipping and handling are liable to change at any time, but changes will not normally affect orders in respect of which we have already sent you a Shipment Confirmation (save in the case of a manifest pricing error as described above).
Payment shall be made by one of the methods you have selected during the checkout process (being VISA, MasterCard, Maestro, PayPal, Apple Pay or HOUSE of MODIR Gift Card).
Approved credit and debit card types are listed at the HOUSE of MODIR website checkout. In the event HOUSE of MODIR does not receive the appropriate authorisation from your card or payment service provider, HOUSE of MODIR reserves the right to reject your order.
Payment for your order, including all applicable taxes, shipping and other charges, will be settled from the applicable card or payment service once HOUSE of MODIR has sent you the Shipment Confirmation.
You should allow up to 10 days (excluding Sunday and bank holidays) for standard delivery and up to 3 business days for express delivery (orders must be placed by 8pm) for in stock items. Delivery shall in any event take place within 30 days after HOUSE of MODIR has sent you the Shipment Confirmation. HOUSE of MODIR reserves the right to substitute another carrier of equal or lesser cost to deliver your order. The delivery options described above are the only shipping options available for sales through the HOUSE of MODIR website. HOUSE of MODIR is unable to accept any special delivery requests, which are outside the scope of these two options.
If HOUSE of MODIR cannot deliver your order within the period specified in your Shipment Confirmation, HOUSE of MODIR will notify you as soon as possible. You may choose to cancel your order, in which case HOUSE of MODIR will provide you with a full refund. If you choose not to cancel your order, HOUSE of MODIR will endeavour to deliver your order within a reasonable period of time.
If you unreasonably defer delivery or delay the receipt of delivery after HOUSE of MODIR has notified you that the carrier has tried to deliver the ordered items to you, or if you have provided HOUSE of MODIR with an incorrect delivery address which results in an unsuccessful delivery, the delivery package will be returned to HOUSE of MODIR, your order will be cancelled and a full refund will be issued to you.
8. Events Outside the Control of HOUSE of MODIR
HOUSE of MODIR shall not be held responsible for delay or failure to perform, if the delay or failure is caused by any act, event, non-happening, omission, accident or circumstance beyond its reasonable control.
In such circumstances, HOUSE of MODIR will notify you and take reasonable steps to minimise any delay. The time for HOUSE of MODIR’s performance of its obligations is deemed to be extended for the period that any of the above continues. If HOUSE of MODIR is unable to fulfil your order because of any circumstances outside of its control, or if there is a substantial delay to our delivering your order, you may cancel your order and obtain a full refund.
9. Product Availability
HOUSE of MODIR uses reasonable efforts to ensure the availability of Products you order from the HOUSE of MODIR website. However, Products are made available to purchase on a “first in-first out” basis and are only available while stocks last.
10. Compatibility, Product Information
Please take care when placing your order to ensure that the Products you purchase are compatible for the intended use. Please use the HOUSE of MODIR website as your final point of reference when checking compatibility. In the event of a difference between the HOUSE of MODIR website content and any other website (or any other source of information) the compatibility of Products as shown on the HOUSE of MODIR website at the time of purchase will be seen as taking precedence.
Images on the HOUSE of MODIR website may vary depending on your device’s display quality. Whilst every effort is made to reproduce images of the Products in the most accurate way possible, these images are for illustrative purposes only and your Products may vary from those images for example, in colour, size, pattern and texture. The packaging of Products may also vary from that shown in images on the HOUSE of MODIR website.
If the Products you have received do not correspond to the ones you have ordered, or if your delivery is incomplete or damaged in transportation, please contact the HOUSE of MODIR Customer Care Team for assistance without delay, either via email or by phone.
11. Title to Products
Ownership of the Products will pass to you only when HOUSE of MODIR has received full payment in respect of your order, including all taxes, shipping and other charges. The Products will be at your risk from the time of delivery.
12. Return and Refund
Cancellations under the Consumer Contracts Regulations
Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (“Consumer Contracts Regulations”), you have a legal right to cancel your purchase during the cancellation period. The cancellation period begins on the date that the contract is formed (when HOUSE of MODIR sends you the Shipment Confirmation) and continues until the end of 14 days starting on the day after you receive the Product. This cancellation right applies to both sale and non-sale Products but does not apply to Excluded Products as set out below. If the Product has been dispatched to you before you cancelled the purchase, you must return the Product to HOUSE of MODIR within 14 days starting on the day after you cancel the order. You will be solely responsible for the cost of shipping any Products back to HOUSE of MODIR.
Once HOUSE of MODIR has received and validated your returned Product, HOUSE of MODIR will send you an email to confirm the validation. Any refund due to you will be made as soon as possible and in any event within the period of 14 days after the day on which HOUSE of MODIR receives the Product back from you or, if earlier, the day on which you provide HOUSE of MODIR with evidence that you have sent the Product back to HOUSE of MODIR. If the Product was not dispatched to you, you will be refunded within the period of 14 days after you inform HOUSE of MODIR of your decision to cancel the purchase. HOUSE of MODIR will refund you by the same method you used to make payment.
HOUSE of MODIR is entitled by law to reduce your refund to reflect any reduction in the value of the Product, if this has been caused by your handling it in a way which would not be permitted in a shop. If HOUSE of MODIR refunds the price paid before it has an opportunity to inspect the Product and later discovers you have handled it in an unacceptable way or damaged it, you must pay HOUSE of MODIR an appropriate amount.
Returns under the HOUSE OF MODIR website enhanced cancellation policy
In addition to your rights under the Consumer Contracts Regulations, if for any reason you are not completely satisfied with your purchase from the HOUSE of MODIR website, you can return non-sale Products purchased from the HOUSE of MODIR website within 30 days of receipt of the Products for a refund, but to do so you must follow the free Returns Process.
Once HOUSE of MODIR has received and validated any returned Products, HOUSE of MODIR will send you an email to confirm the validation. Your refund will be processed within 14 (fourteen) days of HOUSE of MODIR’s email to you confirming the receipt and validation of your returned Product.
Any Product returned under the HOUSE of MODIR website enhanced cancellation policy must be in a new, unworn and resale-able condition and HOUSE of MODIR reserves the right to refuse a refund where the Product is returned damaged or showing signs of use or wear.
Please note that these enhanced return rights do not apply to sale Products or to any Excluded Products. This does not affect your rights in law as a consumer including your right to return products under the Consumer Contracts Regulations.
Returning Products that are faulty or not as described
HOUSE of MODIR will refund in full the price of Products (including sale Products) that are faulty or not as described, together with all applicable delivery charges (including any premium paid for non-standard delivery), and any reasonable costs you incur in returning the item.
If you do not return a Product, HOUSE of MODIR reserves the right to refuse a refund.
If you participate in a HOUSE of MODIR promotion additional terms apply.
14. Consumer Warranty (Guarantee)
THIS GUARANTEE GIVES YOU SPECIFIC RIGHTS. IT IS OFFERED AS AN ADDITIONAL BENEFIT TO YOUR RIGHTS UNDER LAW. YOU ALSO HAVE OTHER RIGHTS UNDER LAW WHICH MAY VARY FROM COUNTRY TO COUNTRY.
You can find out about your legal rights and remedies by contacting your local consumer advice service. In particular, the HOUSE of MODIR website has a legal duty to supply products that conform to the contract made with you. Nothing in this Guarantee will replace or lessen any of your legal rights or remedies.
Products sold by the HOUSE of MODIR website include a guarantee for Products which turn out to be faulty or not as described for 6 months from the original date of purchase.
This means you can request a repair or replacement free of charge if the Products turn out to be faulty or not as described during this period. HOUSE of MODIR will repair your Product or replace it with a Product of identical or similar characteristics, except as set out below. HOUSE of MODIR may at its own discretion replace your Product under this Guarantee whether or not a repair of your original Product is possible. If HOUSE of MODIR chooses instead to repair your Product HOUSE of MODIR may do so with new or refurbished components.
If the Product cannot be repaired or replaced within a reasonable time or without inconvenience, you may request a refund or price reduction. Refunds, if authorised, will usually be made using the same payment method originally used by you to pay for your purchase.
Please retain your Order Receipt Confirmation or pass it on to the gift recipient as the original proof of purchase is the warranty under which this Guarantee operates. If the Order Receipt Confirmation is not available, a credit card or bank statement showing the relevant transaction will suffice. This does not affect your rights in law as a consumer.
This Guarantee does not cover normal wear and tear, or damage caused by accidents, mishandling, improper use (such as knocks, dents, crushing etc.).
Repairs (or attempted repairs) to Products other than by HOUSE of MODIR will void this Guarantee whether or not damage has been caused by such repair or attempted repair.
If your Product is repaired or replaced by HOUSE of MODIR under this Guarantee, the new item will benefit from the remainder of the term of this Guarantee (calculated from the date of the original purchase of the Product). The period of this Guarantee shall not be extended whether or not your Product is repaired or replaced.
HOUSE of MODIR warrants to you that any Product purchased from the HOUSE of MODIR website is of satisfactory quality and fit for all the purposes for which products of the same kind are commonly supplied.
HOUSE of MODIR is only liable for foreseeable loss and damage. HOUSE of MODIR is not responsible for any loss or damage that is not foreseeable. HOWEVER NOTHING IN THESE SALES TERMS AFFECTS YOUR LEGAL RIGHTS AS A CONSUMER. TO THE FULL EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF HOUSE OF MODIR AND HOUSE OF MODIR A/S SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF THE APPLICABLE PRODUCTS PLUS DELIVERY FROM THE HOUSE OF MODIR WEBSITE.
In particular, nothing in these Sales Terms excludes or limits in any way the liability of HOUSE of MODIR:
• for death or personal injury caused by HOUSE of MODIR’s negligence;
• for fraud or fraudulent misrepresentation;
• under section 2(3) of the UK’s Consumer Protection Act 1987 or for any breach of your consumer rights relating to products; or
• for any matter for which it would be illegal for HOUSE of MODIR to limit or exclude, or attempt to limit or exclude, liability.
If any provision of these Sales Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable (deleted) from these Sales Terms and this will not affect the validity and enforceability of any remaining provisions.
17. Contact Details
HOUSE of MODIR’s Customer Care Team will assist you with any HOUSE of MODIR website order related questions or complaints. You can contact the HOUSE of MODIR Customer Care Team in the following ways:
• via the contact us form on the HOUSE of MODIR website;
• in writing to HOUSE of MODIR at Workbox, Wharf Road, Penzance, Cornwall, TR27 4FG.
18. Transferring rights and obligations to another person or organisation
These Sales Terms are binding on you and HOUSE of MODIR. It will also be binding on any person or organisation to which HOUSE of MODIR might transfer its rights and obligations to.
You may not transfer or otherwise dispose of your contract with HOUSE of MODIR, or any of your rights or obligations arising under it, without HOUSE of MODIR’s prior written consent.
HOUSE of MODIR may transfer or otherwise dispose of a contract with you, or transfer any of HOUSE of MODIR’s rights or obligations arising under it, at any time. If you have an outstanding order with HOUSE of MODIR at the time of any such disposal or transfer, you will be contacted if HOUSE of MODIR and you may cancel your outstanding order if you do not want to proceed.
19. Third Party Rights
Other than HOUSE of MODIR, any person who is not a party to the contract between you and HOUSE of MODIR is not entitled to enforce any of its terms.
20. Intellectual Property Rights
The content on the HOUSE of MODIR website including all jewellery design, copyright, trademarks and other intellectual property rights it contains, including the name MODIR and HOUSE of MODIR is the sole property of HOUSE of MODIR or its licensors.
21. Data Protection
If HOUSE of MODIR fails, at any time, to insist that you comply with your obligations under these Sales Terms, or if HOUSE of MODIR does not exercise any of its rights under these Sales Terms, this does not constitute a waiver of such rights and does not mean that you are free to ignore your obligations. HOUSE of MODIR can still require you to comply at a later date.
23. Entire Agreement
These Sales Terms and any document that we have referred to within them (including via hyperlink) represent the entire agreement between HOUSE of MODIR and you and takes precedence over any other previous agreement or representation made to you whether oral or in writing.
You acknowledge that, in entering into a contract with HOUSE of MODIR, you have not relied on any representation or promise given by HOUSE of MODIR or anyone else except as set out in these Sales Terms.
24. Governing Law and Jurisdiction
These Sales Terms and your purchase of Products from HOUSE of MODIR through the HOUSE of MODIR website shall be governed by and construed in accordance with the laws of England.
Any dispute or claim arising out of or in connection with these Sales Terms or your purchase of Products from HOUSE of MODIR (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the English courts. If you are a resident of Northern Ireland, Scotland or Wales you may also bring proceedings in your local courts.
Last updated June 15, 2020