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Terms and Conditions

1. Introduction

By purchasing products from Modo LLC ("Modo", "we", "us", "our") or using this website, the purchaser ("the Customer", "you", "your"), agrees to the following terms and conditions of sale (the Terms).

2. Consumer Protection

Where the provisions of any consumer protection law, or any mandatory legislation in your jurisdiction that cannot legally be excluded applies, these terms will be read subject to the application of that legislation, and in the case of any conflict, the provisions of that legislation will apply.

3. Business Customers

To the extent permitted by law, business customers agree that where products are purchased for the purpose of a business that t consumer protection legislation does not apply.

4. Software Warranty

All software or other electronic or digital products (including DVDs) sold by Modo is subject to the terms and conditions of the license agreements that apply to those products. The Customer acknowledges their obligations to abide by such license agreements. Subject to any applicable law that cannot be excluded, the Customer acknowledges that Modo does not warrant any software or other electronic or digital products under these Terms and Conditions. All software and other electronic or digital products are warranted in accordance with the license agreement that governs its use.

5. Limitation of Liability

The Customer shall indemnify Modo against any loss of or damage to property or for data or software which is lost, corrupted, deleted or altered due to the act or omission of the customer. Modo shall not be liable to the Customer for any incidental, indirect, special or consequential damages arising out of or in connection with the purchase, use or performance of products or services from Modo, even if Modo has been advised of their possibility. In no case shall Modo's maximum liability exceed the cost of the relevant original order.

6. Refunds

Modo will comply with its obligations under any applicable consumer protection legislation that cannot be excluded. Subject to any such applicable laws, refunds or replacement products or services will be given at the discretion of company management.

7. Addressing

If a product is found to be mis-addressed by Modo then Modo shall be responsible for the re-delivery, replacement or refunding of the product. If the Customer is found to have given an incorrect or insufficient address, then Modo will not refund or resend the product and all responsibility for correcting delivery will be borne by the Customer.

8. Incorrect Bank Account Number

Modo gives the customer the choice to pay for products through bank transfer. If the Customer credits money to the incorrect bank account number, and the correct number was provided to the Customer by Modo, then Modo will not accept any responsibility for correcting payment and goods will not be dispatched by Modo until Modo has received payment in full.

9. Prices, Payment and Title

Modo's available payment methods will be presented at the time of purchase. Modo retains title in the products purchased until Modo receives payment in full.

10. Pricing Errors

Although we do our best to ensure prices stated on this website are accurate, errors do occur from time to time. Where a pricing error occurs (subject to applicable law that cannot be excluded), we will not be bound by the incorrect pricing stated, and reserve the right to cancel your purchase.

11. Security

Modo uses reasonable endeavours to ensure this website, and any transactions conducted on it, are secure. However you acknowledge that the security of information and payments transmitted via the Internet can never be entirely secure or error free. Modo will not be liable for any damages suffered due to failure, delay, interception or manipulation of electronic communications by third parties on any computer programmes (e.g. those used for transmission of viruses).

12. Special Offers

Special deals and offers on this site are only valid for so long as they are displayed, unless expressly stated otherwise.

13. Mailing Cash

Modo does not recommend that cash be mailed for payment of products. If the Customer does mail cash, Modo accepts no responsibility for the theft, loss or otherwise for non-delivery of the mailed cash.

14. Cancelling Orders

Modo reserves the right to cancel orders for any reason or to cancel the purchase agreement after order confirmation, including (without limitation) where Modo believes the order to be fraudulent or constitute a mis-use of a promotional or marketing activity or where an error has occurred including but not limited to errors relating to pricing. If we do cancel your order or purchase agreement, we accept no liability for any resulting damages or costs suffered by you, however we will refund the purchase price to you (where it has already been paid).

15. Sales Tax

All prices are sales tax inclusive unless otherwise stated.

16. Customs & Duties

For any orders shipped outside of the United States the customer is the importer of record and will be responsible for all customs import duties and sales tax charges. These charges vary in each country and are outside of Modo's control. Contact your local customs office for more information on what import duties or sales taxes may be imposed.

17. Site Access

Modo hereby grants you permission to access, view and download the content appearing on this site, for your personal, non-commercial use only. You agree not to use any device, method or software to interfere with the proper functioning of this site. Without the express written permission of Modo, you may not use any device, method or software including, but not limited to: spiders, robots, avatars, agents, data mining, gathering or extraction tools and attempts to probe, scan or test or breach security and authentication measures.

18. Copyright & Trademarks

You agree that the content you access, view or download on this site and the software used to create it, remains the property of Modo Limited or its Licensors as defined by International Intellectual Property Laws, including but not limited to Copyright and Trademark laws. You agree not to modify or alter such content in any way, or make it available to any third parties.

19. Stock Availability

In order to provide the greatest range of products, you understand that Modo does not stock all products listed on this site in a single warehouse. All items sold via the Modo website are subject to availability and Modo reserves the right not to accept or cancel any order for products that are out of stock. Product availability information is provided by a number of third party suppliers. Modo works with these third-parties to ensure this information is as accurate as possible however some errors and omissions are expected. Goods delivered may differ to the product images presented on this site.

20. Cash Rewards

Cash rewards can only be used as discounts on future orders and cannot be converted into a cash payment from Modo to the Customer or be used to purchase gift vouchers.

21. Gift Voucher Expiry

Gift vouchers are valid for one year from the time they are issued, after which the voucher expires. Any credit remaining after the expiry of the gift voucher is non-refundable.

22. Delivery Estimates

Modo makes every effort practical to ensure that delivery timeframes given are accurate. However the delivery times stated for products on this site assume that the stock availability information provided by our suppliers is accurate and that delivery times are not adversely affected by unforeseen events. By placing an order, you agree not to hold Modo liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

23. Communications

By creating an account with Modo you consent to receiving electronic communications from Modo. These communications will include: account status updates, order status updates, promotional and marketing materials, and other information relating to the service. Your personal details will not be made available to any third party. For more information please see our Privacy Policy.

24. Linked Sites

This site may contain links to other websites operated by third parties. Modo is not liable for those sites or any content or information such sites contain.

25. Privacy Policy

Modo is committed to ensuring the privacy of your information; and holding all personal information collected by us in accordance with the legal requirements of the applicable country and any other applicable privacy legislation. Application of this privacy policy is to personal information submitted on this website (Site) (e.g. where you make a purchase); and any information automatically retrieved during visits to this Site. By visiting the Site, you consent to us collecting such information and using it, in accordance with this Privacy Policy. Modo may modify, alter or otherwise change these terms from time to time, with or without notice to you. All such changes will be effective immediately upon the updating of the page on this site at which the terms are contained. You agree to check these terms and be bound by the terms that is in effect at the time at which you access this Site.

26. Visits to the site

You may browse and access information contained on this site without providing personally identifiable information.

27. Collection of personal information

Modo collects personal information (for example an individual's name, address, and information about the items you have purchased) through this Site when you make a purchase. Such information is collected for the purpose of administering your account, processing your purchases, delivering the items purchased to you, for our own internal records, and for contacting you in relation to your purchase or sending you information about goods and services that we think you may be interested in (including by electronic message). It is important that any information given to us is accurate, up to date, complete and not misleading, as we rely on the information you provide.

    28. Collection of personal information by third parties

    Any third party that we use to process payments for purchases made through this site may also collect your personal information. Please refer to the relevant third party's privacy policy for further details.

    29. Use and disclosure of personal information

    Personal information will be used only for the purposes for which it is collected and will be retained only for as long as is necessary to fulfil the purposes for which the information was collected including any time that we are required by law to retain such information.

      Other than as set out above, we will not release personal information to any third party except where required or permitted by law, where the individual has authorised us to do so or where disclosure is connected to the purpose for which the information was collected. Under no circumstances will we sell or rent out your personal information to third parties.

      30. Access to, editing and deleting personal information.

      You can ask to see the personal information that we hold about you at any time by writing to us at the address provided here.

      Modo LLC, Hesketh Mount, 92-96 Lord Street, Southport, PR8 1JR, UK.

        31. Editing and deleting information

        You may also ask us to correct, alter or delete any personal information that we hold about you by writing to us at the above address.

          32. Opting out of electronic communications

          If you do not want to receive marketing communications from Modo by electronic message, you can let us know by contacting us at the following address email address modocreations@gmail.com.

            33. Information retrieved while visiting the site

            We automatically collect statistics about people visiting this site to improve our site and monitor traffic. Such collection does not identify individual users and does not result in personal information being collected or stored about you.

            34. Cookies

            When you enter this Site your computer will automatically be issued with a cookie. These are text files that identify your computer to our server. This allows us to improve the speed and reliability of this Site this provide you with a better service. Cookies themselves do not identify individual users and are not used to collect or store personal information about you. You may disable cookies by modifying your internet browser settings. However, if cookies are disabled, this Site may not function as intended and we accept no liability to you for this.

            35. Security

            Modo has used reasonable efforts to prevent unauthorised access to personal information, maintain data accuracy and ensure appropriate use of any personal information. However, you acknowledge that the internet is inherently insecure, and Modo cannot prevent and is not responsible for, interception or hacking of information transmitted through this Site by unauthorised third parties.

            36. Links to external websites

            This Site may contain links to external websites. Modo is not responsible for the privacy policies of any such external sites. These terms apply solely to information collected by us.

            37. Disclaimer 

            Modo would like to welcome you to this website, we have worked hard to make it as user-friendly and informative as possible. When viewing the pages of this website, you acknowledge that you have read and accepted the following disclaimer.  The information on this website is provided "as is" and for general information only. Modo has provided this information for the benefit of users in good faith and with reasonable care. However, errors and omissions in this website and the information on it may occur from time to time and Modo does not guarantee that the website will always operate or be error free. 

            Accordingly, to the maximum extent permitted by law, Modo does not accept any liability for the use of or inability to use this site, or for any loss or damage which may directly or indirectly result from any opinion, information, advice, representation or omission contained on this web site