Terms & Conditions
1. Terms and Conditions
These terms and conditions (the “terms”) apply to you, the user, when you access or visit the website www.themodernman.co.uk (the “website”). By accessing this website you agree to be bound by these terms and conditions.
2. Information About Us
www.themodernman.co.uk is a site operated by Devlnd Ltd, a company registered in the United Kingdom. Registration number 09481760. Our registered address is 195 South Liberty Lane, Ashton, Bristol, BS3 2TN. Our VAT number is 216224638.
3. Changing terms
We reserve the right to change or modify these terms and conditions from time to time as we deem appropriate. It is your responsibility to check for such changes. If you do not wish to accept such changes then you should not continue to use our website.By continuing to use the website, this will indicate you agree to be bound by the new Terms.
4. Ordering through themodernman.co.uk
All orders are subject to acceptance and availability. When placing an order with themodernman.co.uk you will receive an email from us acknowledging that we have received your order. Any orders placed by you are deemed to be an offer of purchase and are subject to us accepting the order. Receiving an order confirmation does not constitute an acceptance of your offer to purchase goods. The contract between us and you will only be formed when we dispatch your order, a process that we will confirm with you via email.
Themodernman.co.uk will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the abscence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when you acess or order from our website.
Unfortunately, transmitting information via the internet is not completely secure. Whilst we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to the Website; any transmission is entirely at your own risk. Once we receive your information, we will use strict procedures and security features to try and prevent unauthorised access.
When you shop on this Website, we will ask you to input personal details in order for us to identify you, such as your name, e-mail address, billing address, delivery address, credit card or other payment information. We confirm that this information will be held by us in accordance with the registration we have with the Data Commissioner's office.
The price of a product shall be as stated on this Website at the time you place your order except in the case of obvious error. The Website contains a large number of products. It is always possible that, despite our reasonable efforts, some of the products on the Website may be incorrectly priced. If we discover an error in the price of a product you have ordered, we will not be liable to supply that item to you at the stated price, provided that we notify you before we despatch the item to you. We will inform you of this error and we will give you the option of continuing to purchase the product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
Any delivery date shall be seen as an estimate only, although our policy is to try to despatch all orders within 3 working days. If products are not available at the time of your order they will be sent to you, as soon as possible, when we receive them from the supplier. The Modern Man cannot be held responsible for delivery delays caused by the supplier, the carrier or any other third party.
We deliver to the countries listed on the Website, subject to our absolute discretion. However certains goods have certain restrictions , so please review the information on the Website carefully before ordering goods.
If you order goods from the Website for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
The Customer will assume risk of the products ordered once they have been delivered to the address specified on the Order. The Modern Man accept no liability for undelivered parcels where the Customer provides an incorrect or invalid delivery address and/or fails to collect the Order from the delivery address specified.
Where the goods are signed for, the customer bears the risk once the goods are signed for. If a customer believes that a parcel has been tampered with, it is their responsibility to refuse to sign for the goods.
9. Cancelling, returning, refunding
You may cancel a Contract at any time within fourteen working days, beginning the day after you receive the Products. You will receive a full refund of the price paid for the Products in accordance with our refunds policy (see below). You must inform us in writing to cancel a Contract. You must return the Product(s) immediately, in the same condition in which you received them, at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
This provision does not affect your statutory rights.
When you return a Product to us we will process the refund due to you as soon as possible. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our liability
We warrant that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased [and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us].
This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage [and which are not foreseeable by you and us], including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data or
(g) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided this shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any other terms in these conditions
11. Transfer of rights and obligations
The contract between you and us is binding on you and us.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
12. 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 events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
15. Copyright and Other Intellectual Property Rights
By using the website you are granted no rights in relation to copyright, design rights, trade marks or other of our intellectual property rights (or the intellectual property rights of third parties).
The website is provided to you solely for personal, non-commercial use. You may electronically copy and print only those areas of the Website which are required in the process of using the Website as a shopping resource. The content of the Website may not be used for any other purpose without our express written permission.
The Customer shall respect all licence agreements delivered by the copyright owners. Themodernman.co.uk cannot be held responsible or liable for any misuses conducted by the Customer or any third party.
All trademarks shown on www.themodernman.co.uk belong to their registered owners and must not be copied without prior permission.
You must not use any part of the materials on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
16. Discounts, Promotions and Competitions
Where referenced below, the term 'Devlnd Ltd' can be used to represent any of it's trading brand names.
General Terms and Conditions for discounts, promotions and competitions:
Devlnd Ltd reserves the right to terminate any discounts, promotion or competition at any time and without prior notice.
All discounts, promotions and competitions are subject to availability and only available at participating stores and websites.
Devlnd Ltd reserves the right to alter or amend applicable terms and conditions at any time and without prior notice.
Devlnd Ltd reserves the right to modify or withdraw any discount, promotion and competition at any time without prior notice.
Devlnd Ltd's decision is final and binding in all matters relating to any discount, promotion or competition.
By redeeming or entering any discount, promotion or competition, you agree to allow Devlnd Ltd to utilise your full name and likeness for promotional purposes. Failure to do so will result in your entry being void and you will forfeit any right to claim an associated prize.
Using false details to claim or enter any discount, promotion or competition will result in the discount or promotion becoming nonredeemable or the competition entry void.
To redeem or enter any discount, promotion or competition, all vouchers or entries must be submitted by the mediums stated in the corresponding terms and conditions. Any vouchers or entries submitted via other mediums will not be accepted and will be deemed void.
Unless stated otherwise, only one discount or promotion is redeemable at any one time and cannot be used in conjunction with any other offer.
Discounts and promotions must be used at time of order and cannot be used or applied after this point.
All discounts and promotions are not applied to any applicable delivery charge unless otherwise stated. Any discount or promotion that reduces an order value to below that of the free delivery threshold will result in a delivery charge being applied.
Product exclusions may apply to discounts or promotions.
All competition prizes are subject to availability and cannot be exchanged for a cash equivalant.
In the event that a competition prize is unavailable, Devlnd Ltd reserves the right to provide an alternative at equal or greater value.
All entries to a competition must be made by the person directly entering the competition.
All entrants must be over 18 years of age. Entrants under this age will forfeit their right to claim a prize and their entries will be void. Proof of identity and age may be required.
Entries that are incomplete, illegible, indecipherable, or inaudible will not be valid and deemed void.
Unless otherwise stated, all discounts, promotions and competitions are limited to one per user, email address, or customer.
Only one prize will be awarded per household.
The winner of a prize will be notified within 28 days after the winner has been ascertained.
All reasonable efforts will be made to contact the winner of a competition. Failure to make contact with the winner within two weeks of the prize draw will result in the entry being deemed void. Devlnd Ltd reserves the right to select a replacement winner or not award a prize.
All required details and questions must be submitted in order to be eligibile to be entered into a prize draw. Failure to provide these details will result in your entry being void.
Employees of Devlnd Ltd and its associated network, their families and / or dependents, and anyone associated with its suppliers are prohibited from entering any competitions run by Devlnd Ltd. Any entries submitted that breach this condition will be deemed void.
Devlnd Ltd accepts no responsibility for competition entries that are lost, delayed or corrupted in any way during the application process.
Prizes are non transferable to any other individual. Devlnd Ltd reserves the right to withhold presentation of a prize in these circumstances.
Where a prize is provided / fulfilled by a third party, Devlnd Ltd will not accept any liability for the failure to deliver / fulfil the corresponding prize. The entrant also accpets all responsibility to communicate and arrange any formalities in regards to the prize directly with the third party.
Any competition entries made online using methods generated by a script, macro or the use of automated devices / solutions will be void.
Devlnd Ltd reserve the right to limit discounts, promotions and competitions to specific geographical locations. Details will be provided of any geographical limitation in the corresponding additional terms and conditions for that specific discount, promotion and competition.
By redeeming a discount or promotion or enetering a competition you are agreeing to these and any other corresponding terms and conditions.
The promoter is Devlnd Ltd, 195 South Liberty Lane, Ashton, Bristol, BS3 2TN.
Specific discount, promotion and competition terms and conditions are also applicable.
Minimum order values may apply.
Unless otherwise stated all promotions and discounts are subject to start and finish dates. No discounts or competition entrees will be processed after the stated closing date.
Offers and discounts may be applicable to specific product categories or selected products and no discounts will be processed for categories outside of those stated.
Selected discounts and promotions are non-transferable, and can be redeemed only by the original recipient.
Discounts and promotions are only redeemable by the original recipient, if applicable.
All entrants will be liable for their cost to access computer networks.
We will not accept any responsibility or be liable for any failure by the winner or any entrant to comply with these terms and conditions.
We will not accept any responsibility or be liable for or any server, system or network failures, malfunctioning or inaccessibility.
Please allow 28 days for delivery of all prizes.
Receipt of delivery for a prize must be made within six months of the prize draw. Failure to do so by the an entrant will render their claim to a prize void.
Where the customer wishes to arrange an alternative delivery solution to the one provided by Devlnd Ltd, the customer will be liable for all costs associated to the fulfilment of this.
A list of winners names will be available upon request. Devlnd Ltd will not provide any contact or personal details for a winner other than their first and last names and the competition they were successful in winning.
Terms and conditions relating to specific discounts, promotions and competitions:
For information about terms and conditions that are applicable to specific discounts, promotions and competitions, please see our discounts, promotions and competitions terms and conditions page.
Terms and conditions found on our discounts, promotions and competitions terms and conditions page are in addition to the information detailed on this page, unless otherwise stated.
If you submit a review, you grant us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, adapt, modify, reproduce, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
You grant themodernman.co.uk and the right to use the name that you submit in connection with such content, if they choose.
You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content.
You agree to perform all further acts necessary to perfect any of the above rights granted by you to themodernman.co.uk, including the execution of deeds and documents, at the request of themodernman.co.uk.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to themodernman.co.uk:
1. The content and material is accurate;
2. Use of the content and material you supply does not breach any applicable themodernman.co.uk guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify themodernman.co.uk for all claims brought by a third party against themodernman.co.uk arising out of or in connection with a breach of any of these warranties.
18. Gifts with products promotions
Where we offer a free gift with a product we shall only provide one free gift per transaction (irrespective of how many products are purchased). Free gifts are subject to availability and we reserve the right to change the gift for one of a similar or equivalent value.
In order to facilitate the provision of a free gift, it may be necessary for us to list the free gift on our site at a nominal value. For the avoidance of doubt, you are not entitled to 'purchase' the free gift without purchasing the product it is provided free with. Any attempt to 'purchase' the free gift will be cancelled (notwithstanding any automated communication you may receive acknowledging your order). In the unlikely event that the free gift is despatched to you, you shall be obliged to return the free gift upon written request.
19. Promotion Codes
From time to time we may issue Promotional Codes. Codes can be entered in a Promotion Code box situated at the "Basket" page. Codes are case and space sensitive so please take care when inputting codes. We advise you choose the promotion best suited to your purchase as you may only redeem one code per transaction. Promotion codes cannot be used in conjunction with any other offer unless stated. PLEASE NOTE certain brand exclusions apply
All notices given by you to us must be given via our Contact Us page. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
You agree to fully indemnify, defend and hold us, and our officers, directors, employees and suppliers, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
22. Entire agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
Acceptable Use Policy
This acceptable use policy sets out the terms between us and you under which you can access www.themodernman.co.uk ("our site"). This policy applies to all users and visitors of themodernman.co.uk.
www.themodernman.co.uk is a website operated by Devlnd Ltd ("we"). We are registered in England and Wales under company number 09481760 and we have our registered office at 195 South Liberty Lane, Ashton, Bristol, BS3 2TN. Our VAT number is 216224638.
You may only use our site for lawful purposes. You may not use our site:
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- In any way that breaches any applicable local, national or international law or regulation.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- In any unlawful or fraudulent way, or in a way that has unlawful or fraudulent purpose
- To knowingly transmit any data, send or upload any material that contains Trojan horses, spyware, time-bombs, viruses,keystroke loggers, worms, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
- For the purpose of harming or attempting to harm minors in any way.
You also agree not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any software used in the provision of our site; or
- any equipment or network on which our site is stored;
- any equipment or network or software owned or used by any third party.
- Not to reproduce, duplicate copy or re-sell any part of our site in contravention of the provisions of our Terms of Website Use.
TERMINATION AND SUSPENSION
With our discretion we will determine whether this acceptable use policy has been breached through your use of our site. When a breach occurs we may take such action as we deem appropriate.
- Issuing a warning to you
- Immediate removal of any posting or material uploaded to our site by you
- Immediate withdrawal of your right to use our site
- Disclosure of information as we reasonably feel is necessary to law enforcement authorities.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
We exclude liability for actions taken responding to breaches of this policy. The responses described in this policy are not limited, we may take any other action that we reasonably deem to be necessary and appropriate.
CHANGING OUR ACCEPTABLE USE POLICY
We may revise our acceptable use policy at any time by changing this page. Any changes are legally binding on you. Some of the provisions contained in our acceptable use policy may potentially be superseded by notices or provisions published elsewhere on our site.