Introduction

1.1 In acceptance of the Terms and Conditions you are permitted the use of all facilities within www.modutex.com and to access all products within the site.

1.2 We can revise these terms and conditions at any time by updating this page. So check this page from time to time to review the current terms and conditions, for any further updates and changes. Certain provisions of these terms and conditions may be superseded by legal notices or terms located on particular pages of this Website.

Ordering

2.1 When ordering online you  place the order through our secure online checkout process. As part of this checkout process you have the opportunity to check your order and correct any errors.

2.2 Acceptance of an order takes place when despatch of the order takes place. With this process the purchase contract will be made in writing by means of an invoice, even if your payment is processed immediately, unless we have notified you that your order has been cancelled or you have cancelled your order.

2.3 We may refuse to accept an order:
(a) when goods are not available;
(b) when we cannot obtain authorisation for your payment;
(c) if a pricing or product description error;
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

Pricing

3.1 All prices include VAT (where applicable) at the current rates. All prices are shown inclusive of VAT at all stages throughout the searching/ordering process, and all prices quoted in addition to this website by phone or by email shall also be given inclusive of VAT at all times.

3.2 We endeavour to keep all prices and information within the website up to date and accurate at all times, on occasion manufacturers and suppliers will make changes without prior warning, for which we reserve the right to make pricing alterations and changes to information displayed at short notice.

3.3 Prior to receipt of invoice and goods, if a pricing error occurs through the website or by quotation upon enquiry or point of ordering, we will endeavour to maintain the price for you, but in circumstances where this is not possible we reserve the right to inform you of this error, and if you wish to proceed, make the necessary amendments prior to processing your order.

3.4 We charge separately for postage and packaging and the appropriate rates are set out on this website and in addition will be clearly displayed online during  checkout stages.

Licensing

4.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

4.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior permission.

4.3 Any rights not expressly granted in these terms are reserved.

Service Access

5.1 While we ensure that this Website is available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

5.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Visitor conduct

6.1 Other than the personal identifiable information, which is covered under the Privacy Policy, any material you transmit or post to this Website which is non personal will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material.

6.2 You are prohibited from posting or transmitting to or from this Website any material:
(1) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(2) for which you have not obtained all necessary licences and/or approvals;
(3) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(4) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 You may not misuse the Website (including, without limitation, by hacking).
6.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of these clauses.

Registration

7.1 Each registration is for a single user only. We do not permit you to share user names and passwords with any other person nor with multiple users on a network.

7.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password contact us immediately.

7.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

Disclaimer

8.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We make changes to the material on this Website, or to the products and prices described at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material by a given time.

8.2 Material on this Website is provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.

Liability

9.1 We or any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.

9.2 We endeavour to deliver all goods in the times quoted at point of ordering, on occasion there can sometimes be delays which are out of our control and sometimes unforeseen. We will endeavour to notify you of any delays foreseen where possible, but we shall not accept liability for any losses, damages, or costs incurred due to a delay in delivery. We urge you not to arrange to have parts fitted or modified until such time as the parts have safely arrived with you as we will not accept responsibility for any cancellation or fitting fees incurred as a result.

On the rare occasion that goods are loss in transit, the goods will be replaced for an identical product. We will not issue a refund. All goods are supplied specific to the clients details that are given during ordering. In the event that you fail to notify us of any modification that may lead to parts not fitting correctly it will be at our discretion as to wither a bank credit or credit note is issued, unless goods have been specially ordered whereby they may be non returnable.

We will not be held responsible for any fitting costs incurred by the customer on goods supplied. If goods have been incorrectly supplied it is your responsibility to notify us of this prior to fitting stage. On goods fitted that are later found to be faulty compensation is not guaranteed and is at the discretion of the manufacturer.

9.3 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

9.4 If your use of material on this Website results in the need for servicing, repair or correction of equipment, you assume all costs.

9.5 You agree to indemnify us fully, defend and hold us, and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Governing law and derestriction’s

10.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

10.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

11.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

11.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

11.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Cancellation and return policy

Our Return & Refund Policy is located here : Return & Refund Policy

Product guarantees & warranties

All product warranties and guarantees are provided solely by MODUTEX & our manufacturers.

On occasion products deemed faulty under warranty need to be returned for further inspection, but this will be done in the quickest time possible and treated as urgent.

All warranty claims must be accompanied by the original invoice and proof of purchase and must be discussed before goods are returned. In the unlikely event that warranty claim is not deemed valid, we will not be liable for any costs incurred and we will not accept liability for any costs incurred throughout a claim. Warranty and Guarantee are voided in the event that products have been modified or have been sold on to a third party. The warranty and Guarantees lie solely with the initial purchaser.