Terms And Conditions For The Supply Of Products
For all customer service inquiries email our customer service team:
Or phone us on: 020 3966 1306 between 9.30am and 1pm Monday to Friday.
This page (together with the documents referred to on it) tells you the terms and conditions on which we sell any of the products listed on ultamodan.com.
1 Information About Us
www.ultamodan.com is a site operated by Ultamodan LTD. We are a limited company registered in England and Wales under company number 11458348. Registered office address Kemp House, 152 - 160 City Road, London, England, EC1V 2NX. UK VAT number is 330628718.
Processed payment transactions will appear as on your statement as: SP*ULTAMODAN/SP*ULTAMODAN AU/SP*ULTAMODAN US.
Our previous payment processor may have one used of the following:
Ultamodan/UMG Fashion/US Ultamod/us.ultamodan.com
2 Service Availability
We ship worldwide however; some restrictions are placed on the extent to which we accept orders from specific countries.
3 Your Status
By placing an order through our site, you warrant that: You are legally capable of entering into binding contracts. You are at least 18 years old. You are resident in one of the serviced countries.
4 How The Contract Is Formed Between You And Us
After placing an order, you will receive an email from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to availability and acceptance by us, and we will confirm such acceptance to you by sending you an email that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed once we send you the Dispatch Confirmation.
We will not process your order until payment has been received in full.
If you make a mistake with your order, you may be able to correct any mistakes made by email prior to your order being processed. If your order has already been processed, you will be unable to amend your order. If your order has already been dispatched, please return the Products to us in accordance with our Returns Policy.
The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. we will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We are entitled to refuse any order made by you for any reason.
When making a request you undertake that all details you provide to us requesting goods or services are true and accurate, that you are an authorised user of the credit or debit card used to make your request and that there are sufficient funds to cover the cost of the goods and services. It is your responsibility to inform us of any changes to these details as soon as possible.
5 Consumer Rights
If you are contracting as a consumer, you may cancel a Contract at any time within seven days, beginning on the day after you received the Products. If you are an EEA user, as per the agreement, you may cancel a Contract any time within 14 days. In this case, you will receive a full refund of the price paid for the Products in accordance with our Returns Policy.
6 Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation. If no delivery date is specified, estimated delivery will be within 31 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances. Please click here for estimated delivery times. All products are manufactured in China.
7 Price And Payment
The price payable for the Products shall be as shown on the website. Prices advertised on the website include UK VAT.
Payment shall be made by you by the means specified on the website. Payment shall not be deemed to be made until we have received cleared funds in respect of the full amount stated in the order.
Prices are subject to change without notice, but changes will not affect orders we have already accepted.
Our site contains a large number of Products, and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures. Where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised as a miss-pricing.
The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
8 Returns, Exchanges And Cancellation Policy
To request a return, simply email us with your order number and the item(s) you would like to return and we will let you know how you can return your order for free! Your item must be unused, unworn, unwashed and with tags attached (if applicable). For details on refunds, please refer to our Returns Policy.
Can I exchange my order? Of course! Just place a new order for the item(s) that you require and return any unwanted items to us for a full refund. Just email us with your order number and the item(s) you would like to return and we will let you know how you can return your order for free! Returns must be unused, unworn, unwashed and with tags attached (if applicable).
Cancellations - As soon as you place your order, we’re on it – we know you need it fast! Unfortunately, this means we will be unable to cancel your order, as it’s already being processed at the warehouse (literally within seconds!). You’ll need to place another order or return any unwanted items. If you require further assistance, please contact our friendly customer service team.
9 Contacting Us
Click here for ways to contact us. Our telephone operating hours and service levels are subject to change at short notice without notification during periods of high order volumes. Our Customer Service Team should be your first point of contact to discuss all queries.
10 Our Liability
If Products are not delivered, or an incorrect quality, not what you ordered, damaged or defective, our obligation will be one of the following options:
Make good any shortage, non-delivery or incorrect delivery; Replace or repair any Products that are damaged or defective; Refund to you the amount paid by you for the Products in question.
We shall have no liability to you for any consequential, special or indirect losses, including without limitation loss of revenues, profits, contracts, business or anticipated savings damage to or loss of goodwill, reputation or data.
Without prejudice to the foregoing, our total aggregate liability to you under and/or arising in relation to this contract shall not exceed the amount paid by you for the Products.
Nothing in this contract shall exclude or limit our liability for death or personal injury due to our negligence or any liability which is due to our fraud or any other liability which we are not permitted to exclude or limit as a matter of law.
Nothing in this contract shall exclude or limit your statutory rights.
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract.
11 Intellectual Property Rights
All and any Intellectual Property Rights in connection with the Products shall be owned by Us absolutely.
You agree to indemnify, defend and hold harmless Ultamodan Ltd its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from, without limitation, your breach of these terms and conditions, your infringement of any intellectual property right or any other right of any person or entity, or your breach of any duty of confidence or privacy, or any defamatory statements made by you in any form.
13 Import Duty
If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for the payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14 Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
All notices given by you to us must be given to us at firstname.lastname@example.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email 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 email, that such email was sent to the specified e-mail address of the addressee.
16 Transfer Of Rights And Obligations
The contract between you and us binds you and us and on our respective successors and assigns.
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 Contract term.
17 Events Outside Our Control
We will not be liable or responsible for any failure to perform or delay in performance, any of our obligations under a Contract caused by events outside our reasonable control.
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:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
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. 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 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 in accordance with clause 13 above.
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.
Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
20 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 the 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.
21 Our Right To Vary These Terms And Conditions
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities or for any other reason in our sole discretion which we may decide.
You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation.
22 Law And Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and Wales and irrespective of your place of domicile, in the event of any dispute associated with these terms and conditions, that dispute shall be subject to the exclusive jurisdiction of the English Courts.
23 After-Sale Service
Questions, comments or requests, or complaints regarding these terms and conditions or our Products should be addressed to email@example.com.
Discount Codes can only be used once per customer, cannot be used in conjunction with any other promotion or offer, remain our property and are not transferable. There is no cash alternative. Discount codes exclude sale, beauty, premium and delivery charges.
Payment in alternate currencies can be enabled by selecting the appropriate flag in the dropdown currency selection menu at the top of the homepage.
24 Third Party
By using #utlamodan you agree to the following:
You grant Ultamodan and its affiliates and/or related entities a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable right to use your video(s), photo(s) and/or other content posted to Instagram, Facebook, Twitter or Google+, together with your social media handle, social media user name, profile picture, caption and location information you may have included in your content (“User Content”) that you have tagged with any of the Hashtag(s) defined below in any media, including but not limited to on its webpages and social media pages, retailer sites, third party sites, stores for its marketing and/or its advertising. You grant Ultamodan the right to use your username, real name, image, likeness or other identifying information in connection with any use of your User Content.
Ultamodan may use, display, reproduce, distribute, transmit, combine with other materials, alter and/or edit the User Content for legal and/or regulatory reasons in any way it sees fit (while maintaining the original sentiment), with no obligation to you whatsoever.
You may directly upload User Content or post User Content to your social media accounts. By uploading User Content and posting User Content that you have tagged with Brand hashtags to social media platforms, you grant to the Brand, its third-party service providers who provide content management services irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your uploaded or Brand-tagged User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on its webpages, social media pages operated by the Licensed Parties, promotional emails and advertisements, and in other marketing, promotional and advertising initiatives, in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Content.
You are solely responsible for any User Content that you submit. You are legally liable for the User Content that you submit including, for example, material protected by copyright, trademark, patent or trade secret law or other proprietary rights laws without permission of the author or owner or subject featured in such submission, or defamatory comments.
The Licensed Parties reserve the right to remove any User Content from the Site, the Brand properties and the Services at any time, for any reason.