AQUIOMODA’s (“AQUIMODA” “we” “us”) website(s) (our “Site” or “Sites”) and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the “TOS”). Please read the TOS carefully before placing any orders on www.aquimoda.com.
AQUIMODA is a trading name of a company registered in England and Wales under registration number …. Our registered address is , United Kingdom.
If you have any comments about AQUIMODA, you can email us at info@aquimodalondon.com.
We wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy.
We may modify the TOS from time to time. Please read the TOS and check back every now and again. If you do not agree to any change to the TOS then we suggest that you do not use the site.
Registration and account terms and conditions
To use some of the services or features made available to you on this Site you will need to register for an account. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following email address info@aquimodalondon.com.
From time to time, we may also change registration requirements.
Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Client Care team. However, please note that we can only communicate with the named account holder in relation to any questions, changes, or cancellation of an account.
Forgotten password
If you have forgotten your password, you can select the option to change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.
Please refer to our privacy policy for information about how we use your data.
Eligibility to purchase
To make purchases on the Site you will be required to provide your personal details. You must provide your real name, phone number, e-mail address and other requested information as indicated. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti-fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
Please refer to our privacy policy for further information about how we use your data.
Orders
To place an order, you must add items to your shopping bag, enter your billing/shipping address, select your delivery option and choose your payment method to complete your order.
Items in your Shopping Bag are not reserved and may be purchased by other customers. AQUIMODA will store a record of your transactions for a minimum of one year.
Pricing Policy
Prices shown on the Site are in GBP and are inclusive of VAT. The GBP price of a product displayed on the Site at the time the order is accepted will be honoured.
From time to time, prices are subject to change in response to currency exchange rate changes and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. If you are a customer whose credit/debit card is not denominated in GBP, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.
Acceptance of your order
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is just a confirmation that we have received it.
Your order is an irrevocable offer to buy the products. Before proceeding to purchase, please check the order details and correct any possible errors.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, or if shipping restrictions apply to a particular item.
We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time when the transaction or service does not comply with our business policy, or in the event where there are reports or suspicion of fraudulent or illegal activity. In these events, we will not be liable for refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To the extent permitted by the applicable law, we will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site, removing, screening or editing any materials or content on the Site. We reserve the right not to accept orders received from users who are acting for commercial and professional purposes.
Whilst every effort is made to make sure details on our Site are accurate, we may from time to time discover an error in the pricing or description of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price, provided that the error was recognizable, and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. If products are recalled in transit, we will process your refund once the products have been returned to us.
Payment
Payment can be made by Visa, MasterCard, American Express, Maestro and JCB cards, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal or Apple Pay. Once this transaction is complete, you will then return to AQUIMODA.COM. Payment will be debited and cleared from your account upon dispatch of your order. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to AQUIMODA, we will not be liable for any delay or non-delivery.
We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using a secure online payment gateway and payment details will be fully encrypted and only used to process card transactions which you have initiated.
Insurance and delivery
AQUIMODA insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by AQUIMODA, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.
Please be aware that, if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, our nominated courier may refuse to deliver your order if they are of the opinion that the shipping address is unsafe.
Please note that we aim to dispatch all orders within 24 hours, or 48 hours during sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. AQUIMODA is not responsible for any delays caused by destination customs clearance processes. We will not be liable for delays.
Returns and exchanges
Please read or Returns Policy, on returns and exchanges, which is part of these Terms and Conditions.
Intellectual property rights
Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below). All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by AQUIMODA and/or its third-party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.
Content
In addition to the Intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. AQUIMODA tries to ensure that the information on this site is accurate and complete but doesn’t always get it right. AQUIMODA does not promise that the functional aspects of the Site or AQUIMODA’s Content will be error free or that this Site, or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.
No commercial use
This Site is for your personal non-commercial use only. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
Your activity
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
Third party
We may include hyperlinks on this Site to other Sites or resources operated by parties other than AQUIMODA. AQUIMODA has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external Sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such Sites, including (without limitation) any advertising, products or other materials or services on or available from such Sites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external Sites or resources to the extent permitted by the applicable law.
Your rights
You have certain rights under the law. In England these include:
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
Limits on our liability
We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.
Nothing in this Agreement is intended to affect your rights under the law (see “Your Rights” above).
If AQUIMODA fail to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and AQUIMODA knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 100% of the total value of goods purchased.
We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
Force majeure
We are not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.
Compensation
At our request, you agree to compensate us fully, defend us, and hold us AQUIMODA harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.
Our relationship
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and AQUIMODA because of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of AQUIMODA, and we shall not be liable for any representation, act, or omission on your part.
No waiver
If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.
Governing law and Dispute Resolution
Without prejudice to the application of the mandatory consumer protection provisions, the TOS are governed by British law and in particular by the Consumer Code. In the event of a dispute between AQUIMODA and you arising from the TOS, you and we both agree that the courts of England will have exclusive jurisdiction.
Need help? Email help@aquimodalondon.com or call us on (from a mobile or interationally)