Introduction

The terms and conditions set out below apply as soon as a “Customer” (or “Consumer”) places an order or completes a transaction with www.modessic.com (the “Website”).

The Terms of Use detailed below, form a binding contract between the Customer and Modessic AB (Swedish company registration number 559181-3034, Stockholm, Sweden - hereinafter referred to simply as “Modessic”). By placing an order through, making a purchase from, or simply using, the website you are implicitly agreeing to the terms of use as stated. To avoid any confusion, please ensure you read and fully understand the terms of use before using our site or placing an order.

Confirmation

Upon receiving your order, Modessic will automatically send an electronic invoice, which will be delivered to the e-mail address you provide. The electronic invoice acts as a confirmation of your order and purchase. You must be careful to enter the correct e-mail address when ordering goods on the website. It is advisable that you save the electronic invoice email in case you need to contact our customer service department in the future. The order confirmation is also considered to be a receipt, and as such is also a proof of purchase guarantee.

Payment

The Modessic website accepts credit or debit card payments, as well as transactions through third-party payment processors such as Strip, Paypal or Klarna, which are handled through a separate portal.

Direct card payments on the site are handled and managed by Shopify Payments (Stripe) banking services, as well as all other banking transactions. Modessic AB does not store any personal payment info or credit and debit card numbers.

The prices are presented on the website in either SEK, NOK, DKK, GBP (£), EURO (€) or DOLLAR ($). You choose your preferred currency by choosing your relevant location - Sweden, Norway, Denmark, Great Britain, Europe or Global from the top left-hand corner of the website.

The price displayed for product(s) is the total price (with the exception of any potential import and custom fees. Read the section on ‘taxes’ for more information on import fees). Modessic provides free global shipping and free returns.

Modessic accepts all major credit and debit card payments (for example - Visa, MasterCard, American Express) as well as some other local payment methods. Please note that if your payment is not verified or confirmed by the relevant banking service, your order will not be processed or fulfilled.

All payments are conducted with secure encryption provided by Shopify Payments (Stripe) and carried out in compliance with banking regulations and standards. All card details are communicated directly to the relevant bank as encrypted data and cannot be seen, read or accessed by any third parties, other than the banking service provider.

Modessic’s obligation to fullfil an order only begins once the card transaction or payment is verified and approved. If the payment does not process or is not approved after submitting the order, Modessic reserve the right to automatically cancel the order.

Promo codes

Any promotional codes or discount coupon codes must be entered in the relevant section during the checkout process in order to be considered valid. Any promotional codes added after the completion of purchase will neither be approved nor honored.

Taxes

The prices shown on the Modessic website, www.modessic.com, all include VAT, in compliance with the relevant retail legislation. Any order that is to be shipped to a delivery address outside of the European Union (EU), will have the VAT automatically removed at the checkout stage.

Please note, for most goods that are to be shipped outside the EU, they will be subject to import duty, custom fees, and/or taxation.  The relevant tax payments and fees will become due and will be collected when the shipment arrives at the non-EU delivery address. The customer is solely responsible for the payment of any applicable import duties and taxes. Modessic is not responsible and has no control over any duty fees or import tax charges. Import and customs charges differ country by country and as such Modessic cannot predict or estimate the amount payable. Modessic advises that if the delivery address is outside the EU, that the customer should contact their local customs office for advice on taxes and charges.

For reference, as of 1st January 2020, a 20% VAT charge is applicable in the UK.

Ordering

Any order placed using another individual's name without their express consent will be reported to the relevant authorities.

Modessic reserves the right to adjust prices and correct mistaken prices on all orders (as well as final sales). If a price has been displayed incorrectly, or a computer error charges the wrong amount at the checkout, Modessic reserve the right to immediately cancel the purchase and refund any payment already made in its entirety. The cancellation and refund can take place as soon as the mistake is identified.

Customers are entitled to return any purchased goods within 30 days of receiving the order. The customer right to return goods applies only if the product (and the original packaging) can be returned in its original condition, i.e. the same condition as when it was received. Only unused products (i.e. in brand new condition) will be accepted for return. If any signs exist that the product has been used or tampered with in any way, Modessic will not accept the return.

In order to return goods, provided that the conditions set out above are met, the customer should contact Modessic for a return address.

Please note, for any received item that has been damaged during transport, the customer must contact Modessic within 30 days of delivery to find out more about any compensation that is available.

Warranty

Warranty terms: the standard warranty is two years from the purchase date.

The two-year warranty covers manufacturing defects on the watch itself (movement, hands, index). Any other parts than those just listed are not covered by this warranty.

To use the warranty to obtain a replacement, please use the contact form on the ""Contact Us"" page of the Modessic website. On the contact form or email, the customer must specify: name, address, order number and a detailed description of the problem or issue. The customer must also state ‘Reclaim of Purchase’ as the subject of the enquiry, e-mail, or letter.

Please note: An additional charge or fee will be applied to repair and/or replacements in the following instances (regardless of warranty status):

• Damage or failure caused by improper usage or careless actions (including dents, cracks, scuffs, crushed parts, broken crystal, etc.)
• Damage or failure caused by user modification or unnecessary or unwarranted repair attempts.
• Damage or failure resulting from exposure to fire or water, or resulting from a natural disaster e.g. an earthquake or storm.
• Any aesthetic changes caused by normal wear and aging (e.g. minor scratches, scuffs, dents, etc.; on the case and/or crystal, or discoloration of the wristband, or peeling away of the plating).
• If the name of the retail store and the date of purchase are not recorded or indicated on the warranty card, or if this information has been rewritten.
• When a valid warranty cannot be submitted with the watch.
• Battery replacement is not covered by the warranty, and therefore will be subject to a replacement charge, even within the two years of the warranty term.

Please note - the case, hands, dial, crystal, watchband, or any other parts or components of the purchased may be replaced with substitutes if the original spare parts are not available.

This warranty states that customers will receive a free replacement item in accordance with the terms set forth herein and within the specified term. The warranty does not restrict any lawful right of the Customer.

Personal information

Modessic processes and stores some of your relevant data in order to fulfill your purchase. Modessic treats all personal information as confidential. You have the absolute right to request access to your data. If you believe there is anything wrong with your data, you can request to get it changed or removed.

Modessic may also apply and use cookies. Cookies are used to improve the customer experience of the website. To find out more how Modessic handles personal data and cookies, you can find our Privacy Policy here.

Product

Modessic reserves the right to adjust prices, change the product range, add additional fulfillment costs, and add or change any product-related information without notice.

Modessic endeavors to reflect the products as accurately as possible in the website images and text and any print-based catalogues or brochures. However, although Modessic takes great care to ensure that all website content is accurate and representative of reality, errors may occur. Modessic cannot guarantee that every single product image will be a completely true reflection of product appearance, and therefore, all product images should be viewed as illustrations only. Also, please note that  product images may differ to reality, depending on the graphics capabilities and color settings of your device or computer.

Complaints terms

It is vital that the customer carefully checks goods and products on arrival. When you receive your shipment, make a close inspection of the items before removing them from the packaging to verify that the products are undamaged.

If you suspect that the product has been damaged in transit, either visible or hidden damage, you must report this to the carrier or courier as soon as possible. If the item(s) you receive is damaged or does not match the item you ordered, please contact us within 30 days of taking delivery of the product.

To make a complaint to our customer services department, please use the contact form on the contact page of the website. Make sure to include the order number and the complaint reason. A customer service rep will get back to you with instructions on how to proceed.

Any defective products returned to Modessic should be handled, treated, and shipped as if they were flawless. Returns must be packaged in a way that no damage, or further damage, can occur during return transit.

Modessic reserves the right to replace any defective item with the same model. In the event that the item has been discontinued or there is a lack of stock, the customer will be eligible for a full refund.

Force majeure

Modessic is exempt from damage liability and other contractual or performance issues, where order fulfillment is prevented, delayed, or inhibited by circumstances or situations outside of our control.

Force majeure circumstances should be considered to include lack of state, government intervention, new or amended legislation, fire, flood, famine, war, labor disturbances, trade disruptions, prohibitions, restrictions, acts of sabotage, terrorist activity, poor transport, extreme weather conditions, or lack of delivery from suppliers. The company is also not liable for any exposure to criminal activity that affects activities.

Intellectual property rights

All intellectual property rights, including trademarks and copyright, are owned by Modessic (as well as its subsidiaries or licensors). Intellectual property includes the website and any content published within it.

Any use of the website or its content, including plagiarizing, copying, or storing our original content in whole or part, other than for your own personal, non-commercial use, is prohibited, unless express permission has been granted by Modessic.

User content

Modessic does not accept any responsibility for user-generated content on the website, for example content linked from social media applications.

Modessic does not claim any ownership or rights over any user content (images, photos, audio, or videos) and we take no legal responsibility for it. If you suspect a violation of copyright, or any other right, or you are offended by any content present on our website, please contact our customer service immediately using the contact page on our website.

Retention of title

All products remain as Modessic property until full payment is verified and complete.

Fraud

Any attempt at fraud, suspected or otherwise, will be reported to the relevant authorities. Modessic reserves the right to cancel any order or purchase if suspicion is raised of fraudulent activity.

Governing law and jurisdiction

The terms of use of Modessic services and website are governed by Swedish law. To the extent permitted by law, Swedish courts have exclusive jurisdiction of any dispute arising from these terms of use and use of the website, subject to Modessic’s right to prosecute a user at his/her place of residence.

Termination

Modessic reserves the right to terminate any account and/or use of the www.modessic.com website at its sole discretion.

For example, if Modessic suspects that you have breached the terms of use set out in this document. Termination of an account can be made without prior notice.

Amendments

Modessic may update or revise the terms of use at any time.

Whenever an order is placed with Modessic, the general terms and conditions set out at that time will apply to the contract between the customer and Modessic. Customers should therefore visit this page periodically to review the current terms to which they are bound.

The terms of use laid out above were updated on 2022/01/10.