TERMS AND CONDITIONS
1. Acceptance of the Use of Modnique.com Terms and Conditions
Your access to and use of Modnique.com is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions, and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Website.
2. Credit card details
Modnique.com utilizes PayPal and a third party credit card processing provider to collect payments from customers. Modnique.com does not store credit card information after the transaction is completed.
Modnique.com reserves the right to cancel any items or order(s) for reasons including but not limited to availability of product, inaccuracy of items descriptions, inability to verify billing information and shipping address deliverability issues.
The contents of Modnique.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
5. Change of Use
Modnique.com reserves the right to:
5.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Modnique.com shall not be liable to you for any such change or removal and.
5.2 change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.
6. Links to Third Party Websites
Modnique.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
7.1 All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Modnique.com or otherwise used by Modnique.com as permitted by law.
7.2 In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. This excludes purchasing merchandise for reselling purposes in which case you may use Modnique.com descriptions and product images.
8. Disclaimers and Limitation of Liability
8.1 The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
8.2 To the extent permitted by law, Modnique.com will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
8.3 Modnique.com makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
8.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Modnique.com for death or personal injury as a result of the negligence of Modnique.com or that of its employees or agents.
8.5 Earn unlimited store credits by referring friends. Credits can be redeemed towards purchases at Modnique.com. A maximum of $200 in store credits can be used per single purchase. Credits expire 6 months after issuance if unused. Credits are issued when a member refers buyers who spend $100 or more on a single purchase at Modnique.com. Credits can be voided if a member refers herself/himself or another member of the household. Modnique.com reserves the right to change the terms and conditions of the tell-a-friend program with immediate effect and without prior notice.
You agree to indemnify and hold Modnique.com and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Modnique.com arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
11. Governing Law
These Terms and Conditions shall be governed by and construed in accordance with the law of the state of California and you hereby submit to the exclusive jurisdiction of the California courts.
For other questions or inquiries, please contact Customer Service (firstname.lastname@example.org).