Terms & Conditions

1. Terms and Conditions

In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements:

"Buyer", “You” and “Your” refers to you, the person accessing this website, ordering, purchasing items and accepting the Company’s terms and conditions.

“Marketplace” means the online venue located at www.azmodesty.com

“Seller” refers to person(s) and entities registering to sell items in our online marketplace

"The Company", “Ourselves”, “We” and "Us", refers to our Company; A-Z Modesty, Located at (insert address)

“Party”, “Parties”, or “Us”, refers to “Buyers”, “Sellers” and “A-Z Modesty” whether jointly or independently

A-Z Modesty acts as a marketplace connecting Sellers with customers by advertising their products on the website. A-Z Modesty is not directly involved in the transaction between buyers & sellers and therefore has no control over quality, truth or accuracy of listings.

2. Sales Contract

2.1 Orders placed by you on the website www.azmodesty.com (the “Website”) for the products offered by sellers through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by seller to you.

2.2 You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.

2.3 This contract is between you and the seller. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

YOU AGREE THAT A-Z MODESTY IS A MARKETPLACE AND AS SUCH IS NOT RESPONSIBLE OR LIABLE FOR CONTENT, DATA, GRAPHICS, PHOTOGRAPHS, DESCRIPTIONS, VIDEOS AND LINKS POSTED BY YOU OR OTHER USERS. YOU AGREE THAT YOU USE A-Z MODESTY WEBSITE AT YOUR OWN RISK.

3. Order Placement

3.1 Our shopping pages will guide you through the steps you need to take to place an order through the marketplace. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.

3.2 After you have placed an order, you will receive an e-mail from the Seller acknowledging that they have received your order. Please note that this does not mean that your order has been accepted.

3.3 Sellers will confirm order acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”).

3.5 If Sellers are unable to verify the delivery or payment information you have supplied they may restrict delivery to the address to which your credit or debit card is registered.

4. Pricing & Availability

Whilst we try and ensure that all details, descriptions and prices which appear on the Website are accurate, errors may occur. If we discover an error in the price of any products which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the Products, you will receive a full refund. Where applicable, prices are inclusive of VAT at the prevailing rate.

Delivery costs will be charged when you place an order. Delivery costs are displayed where applicable and included in the total price you pay at checkout.

All orders are subject to availability. All prices advertised are subject to change.

5. Payment

5.1 We process all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.

5.2 Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.

5.3 All payments are processed through third party payment gateways using PCI Encryption. We therefore do not hold, store or process any payment information.

6. Delivery

6.1 Deliveries are not made to PO Box or hotel addresses.

6.2 The Product will be your responsibility from the time Seller delivers the Product to the delivery address you gave us.

6.3 As stated in Clause 8 within this Agreement, we do not refund postage costs.

6.4 Dispatch times may vary according to availability and no guarantees or representations are made as to delivery times. Our expected dispatch time is 24-72 hours depending on the nature of the order and the Seller. After our confirmation email for the order has been sent, it is not possible to change delivery details and there will be no refund of delivery charges due to incorrect delivery details provided to us by you.

6.5 If you wish to return a product, you are responsible for paying the cost to return it.

7. Limitation of Liability

7.1 As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

7.2 Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:

7.2.1 provided that this shall be subject to an overall limit of the total amount paid to A-Z Modesty under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.

7.2.2 The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)

7.2.3 Each party's liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:

1. loss of profits;

2. loss of business opportunity;

3. loss of goodwill;

4. loss of data;

5. loss of anticipated savings; or

6. any special, indirect or consequential loss or damage whatsoever.

7.2.4 The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.

7.2.5 Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:

1. fraud or fraudulent misrepresentation; or

2. any breach of any obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

3. any other liability to the extent the same cannot be excluded or limited by law.

8. Returns & Refunds

Our Returns Policy applies to all purchases made on A-Z Modesty and are incorporated by reference in these Terms.

8.1 Returns and Exchange Policy

If you are not entirely satisfied with the product purchased, you can return within the ‘cooling off’ period of 14 days. Sellers will exchange the product for an item of the same value.

8.2 Unused products, with all of the original receipts and packaging must be post-marked to us within 14 days of receiving your order for a full refund.

8.3 If you wish to return a Product to the Seller, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.

8.4 A-Z Modesty do not accept returns directly and it is your responsibility to return the item directly to the Seller. Seller details are available on all your order confirmation correspondence.

If, however, you would like a full refund then the following process must be followed.

a.) Please email Seller to inform them that you would like to return your item;

b.) Return all original packaging;

c.) Quality checking/assessment will take place once the item(s) are received;

d.) Once received and checked you will receive an email which will confirm any further course of action if necessary;

g.) Seller will refund any money received from you, normally by using the same method originally used by you to pay for your purchase.

Sellers do not refund postage costs.

9. Gift vouchers and promotions

Gift vouchers may be available for sale from time to time and if so, the terms linked to the purchase, issue and use of gift vouchers will be available on the website.

From time to time, A-Z Modesty may run promotions where certain Products are available for sale at a discounted rate or on special terms. Please see the Website for details.

10. Copyright

11. Intellectual Property

A-Z Modesty ("A-Z Modesty") respects and rigorously abides by intellectual property laws. Accordingly, A-Z Modesty rightfully expects the same of all parties who use our website. A-Z Modesty and/or its affiliates are owners or lawful licensees of all content (including but not limited to designs, logos, colour schemes, graphics, graphic styles, text, images and video/audio sequences) displayed on this website. Any unauthorized copying, publication, reproduction or distribution of copyrighted works is an infringement of the copyright owners' rights and is therefore prohibited. You may not, except with our express prior written permission (on whatever terms we deem appropriate), distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Any unauthorized use of A-Z Modesty (without limitation) patents, trademarks, service marks, logos, slogans, screen shots, graphics, graphic styles, designs, blog posts, copyrighted materials or any branded features ("A-Z Modesty Proprietary Property") without the prior written permission of A-Z Modesty is strictly prohibited. If you infringe upon A-Z Modesty rights with respect to any A-Z Modesty Proprietary Property, you will be ordered to cease such illegal activity and you may be liable to A-Z Modesty for any and all damages (including recovery of legal fees and expenses) which may be suffered and/or incurred as a result of your infringement.

If you are a legitimate copyright owner who believes that your rights have been infringed upon in any way through the content or services provided on this website, please notify us at: A-Z Modesty, (insert postal address)

Email: (insert email address)

We reserve the right to make changes, without prior notice, to any products or services mentioned on this site at any time.

12. Termination

You may at any time cease to be a User of the Website and terminate these terms by going to the Website and choosing the relevant options.

If we consider in our absolute discretion that you are in breach of any of the provisions of these terms, we reserve the right to prevent your continued use of the Website without notice and accessing all avenues open to us in taking appropriate action in relation to your use of the Website.

13. International Use

We make no representation that any of the Products or any materials on the Website are appropriate or available for use in locations outside the United Kingdom and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the Website and purchase products from locations outside the United Kingdom do so at their own risk and are responsible for ensuring product compliance with local requirements and laws.

14. Force Majeure

14.1 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.

14.2 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;

(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; and

(g) pandemic or epidemic.

14.3 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.

15. Entire Agreement

Save in respect of Users that have entered into separate written agreements with A-Z Modesty regarding their commercial use of the Website, the Terms of Use, these Terms and Conditions and the Privacy Policy set out the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto.

16. Miscellaneous

If there is any conflict between these Terms and Conditions and any specific terms appearing elsewhere on the Website, then these Terms and Conditions shall prevail.

17. Governance

These Terms and Conditions and your use of this site will be governed by and construed in accordance with English Law.

18. Severability

If any of the clauses herein are determined to be illegal, invalid or otherwise unenforceable under English Law, then to the extent that the term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.

Our Relationship

1.1 A-Z Modesty provides a platform allowing Sellers to offer and sell their Products directly to our Users. In uploading your Products to the Platform, you are agreeing that A-Z Modesty will act as your agent and promote on your behalf for the purpose of selling the products on the site.

1.2 Any contract to sell and buy the Products is made exclusively between the Seller and Buyer and A-Z Modesty is not party to that contract.

1.3 A-Z Modesty reserve the right to suspend, remove or exclude any product from the platform that in our opinion does not comply with these Seller Terms or infringes any of our Terms and Conditions.

1.4. By using our platform, you agree not to;

1.4.1 include any direct links to third party websites including any seller websites;

1.4.2 include email addresses;

1.4.3 any other direct avenues of communication with buyers

1.5 This Agreement shall commence on the date you start using the Platform or listing a Product and shall continue for an indefinite period of time unless earlier terminated in accordance with the terms and conditions as set out herein.

Advertised Products

2.1 Seller agrees to enter and maintain accurate stock levels for all products

2.2 Seller agrees to provide retail price, photographs and descriptions for the products (the "Products") added to the Site

2.3 Seller agrees to ensure standard of product presentation is maintained to suitably high standards.

2.4 All customers purchasing items through the Site, remain the sole property of A-Z Modesty and any direct communication between Seller and customer will be deemed as breach of this contract and A-Z Modesty retains the right to seek legal remedies.

2.5 All sales are binding once confirmed by Seller. It is the Sellers exclusive obligation to ensure all transactions are completed promptly and buyer’s items are dispatched in good time.

Promotions

3.1 A-Z Modesty may from time to time, run promotions on all or part of the Platform. Any such promotions shall be separate and in addition to promotions being run by Sellers. Promotions may include free delivery, discounted pricing, seasonal offers or in the form of gift vouchers and discount codes.

Payment

4.1 All payments from A-Z Modesty to Seller will be sent through PayPal unless otherwise agreed.

Fullfillment & Shipping

5.1 Sellers retain sole responsibility for the prompt shipping of all orders placed through the Site;

5.2 A-Z Modesty will not be held liable for any additional, specialty or incorrect shipping costs charged to buyers;

5.3 Sellers are responsible to ensure correct import and export duties are charged for internationally shipped items;

5.4 Seller will follow the correct shipping proceeding on the platform and update customers and A-Z Modesty to confirm when product order is being prepared and dispatch;

5.5 Seller shall ensure tracking information is included in all correspondence with Buyer and A-Z Modesty;

5.6 Seller agrees that legal ownership and all risk of loss of the Products remains with the Seller until the buyer actually receives the product from the seller. A-Z Modesty will not be liable for any replacement cost for items not received from Buyers;

5.7 Outside of made to order products, the seller agrees to ship all orders within 2 working days from the date of order. If the seller fails to send the Product within this period, A-Z Modesty will issue a warning to Seller. Three warnings will constitute a termination of this Agreement and Seller shall be permanently deleted from the platform.

Payment Of Taxes

Sellers are liable to pay all taxes of every description that arise as a result of sales through the Site.

Warranties

A-Z MODESTY SHALL IN NO EVENT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE, EVEN IF A-Z MODESTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Onwership Of Social Media Contacts

Any social media contacts, including "followers" or "friends," that are acquired through accounts (including, but not limited to email addresses, blogs, Twitter, Facebook, YouTube, or other social media networks) used or created by A-Z Modesty on behalf of Seller are the property of A-Z Modesty.

Cancellation

The occurrence of any of the following shall constitute an immediate under this Contract:

I. A-Z Modesty giving Seller 14 days’ notice of their intention to cancel this Agreement;

II. Seller giving A-Z Modesty 30 days’ notice of their intention to cease supply;

III. The insolvency or bankruptcy of either party;

IV. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency;

V. The failure to make available or deliver the Goods in the time and manner provided for in this Contract.

Remedies

In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Contract (including without limitation the failure to make a monetary payment when due), the other party may terminate the Contract by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 7 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such a time period shall result in the automatic termination of this Contract.

Force Majeure

If performance of this Contract or any obligation under this Contract is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

Dispute Resolution

The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.

Any controversies or disputes arising out of or relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.

Confidentiality

Both parties acknowledge that during the course of this Contract, each may obtain confidential information regarding the other party's business. Both parties agree to treat all such information and the terms of this Contract as confidential and to take all reasonable precautions against disclosure of such information to unauthorized third parties during and after the term of this Contract. Upon request by an owner, all documents relating to the confidential information will be returned to such owner.

Notice

Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.

Entire Contract

This Contract contains the entire agreement of the parties regarding the subject matter of this Contract, and there are no other promises or conditions in any other agreement whether oral or written. This Contract supersedes any prior written or oral agreements between the parties.

Amendment

This Contract may be modified or amended if the amendment is made in writing and signed by both parties.

Severability

If any provision of this Contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

Waiver Of Contractual Right

The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

Applicable Law

This Contract shall be governed by and construed in accordance with English Law.