Terms and Conditions
Terms Of Use
By submitting an order, you are accepting the Terms and Conditions of the Modiphius Entertainment Ltd web site.
Terms And Conditions For The Supply Of Modiphius Entertainment Ltd. Products
The Contract Between Us
Modiphius Entertainment Ltd must receive payment of the whole of the price for the goods that you order before your order can be accepted, and the contract formed. Once payment has been received Modiphius Entertainment Ltd will confirm that your order has been received by sending an email to you at the email address you provide in your registration form. The shipment email will include your name, the order number and the total price. Modiphius Entertainment Ltd’s acceptance of your order brings into existence a legally binding contract between us on these terms. Any term sought to be imposed by you in your order will not form part of the contract.
Modiphius Entertainment Ltd is entitled to withdraw from any contract in the case of obvious errors or inaccuracies regarding the goods appearing on our web site.
Price
The prices payable for goods that you order is as set out in our web site, including sales tax where appropriate.
You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations.
Withdrawal By You From The Contract
If you are an individual and are not buying goods on behalf of a business, there are certain circumstances in which you may withdraw from the contract and these are set out here. This right to withdraw does not apply to business buyers.
You may withdraw your order for goods at any time up to the end of the twenty first working day after you have received the goods. You do not need to give Modiphius Entertainment Ltd any reason for withdrawing your order nor will you have to pay any penalty.
The only circumstances in which you cannot withdraw your order are i) where you have taken the goods you have ordered (or the ones in relation to which you want to withdraw) out of the sealed package in which they were delivered, ii) where we have printed a personalized message on the goods according to your instruction (unless the product is faulty).
To withdraw your order you must notify Modiphius Entertainment Ltd in writing to Modiphius Entertainment Ltd, using the Contact Us page: https://modiphius.us/pages/help-support
If you have received the goods before you withdraw your order then, unless you have lost your right to withdraw because you have taken the goods out of their sealed package, you must send them back to the Modiphius Entertainment Ltd returns address:
Whalebacker LLC
400 Federal Ave
Suite 1001
Saginaw, MI 48607
USA
Goods sent to this address will be charged at your own cost and risk. If you withdraw your order but Modiphius Entertainment Ltd has already processed the goods for delivery and you have received them, you must not unpack the goods when they are received by you and you must send the goods back to Modiphius Entertainment Ltd at the Modiphius Entertainment Ltd contact address at your own cost and risk as soon as possible.
Once you have notified Modiphius Entertainment Ltd that you are withdrawing your order, any sum debited to Modiphius Entertainment Ltd from your credit card or Paypal account will be re-credited to your account as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by Modiphius Entertainment Ltd in the condition they were in when delivered to you.
Availability Of Goods You Order
If Modiphius Entertainment Ltd has insufficient stock to deliver the goods ordered by you, we will notify you as soon as possible and any sum debited by Modiphius Entertainment Ltd from your credit card will be re-credited to your account and Modiphius Entertainment Ltd will notify you by email at the address given by you in your order form. The refund will be made as soon as possible and in any event within 30 days of your order. Modiphius Entertainment Ltd will not be obliged to offer any additional compensation for disappointment suffered.
Delivery Of Goods To You
Modiphius Entertainment Ltd will deliver the goods ordered by you to the address you give Modiphius Entertainment Ltd for delivery at the time you make your order. Modiphius Entertainment Ltd are entitled to make deliveries by instalments or partial deliveries.
Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of despatch of the order. All delivery times quoted on the web site are estimates only, based on availability, normal processing and delivery companies.
You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and Modiphius Entertainment Ltd will not be liable for their loss or destruction.
Liability
This is as follows:-
If the goods Modiphius Entertainment Ltd delivers are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, Modiphius Entertainment Ltd shall have no liability to you unless you notify Modiphius Entertainment Ltd. in writing at the Modiphius Entertainment Ltd contact address (https://modiphius.us/pages/help-support) of the problem within 10 working days of the delivery of goods in question.
If you do not receive goods ordered by you within 30 days of the date on which they were despatched to you, Modiphius Entertainment Ltd shall have no liability to you unless you notify Modiphius Entertainment Ltd in writing at the Modiphius Entertainment Ltd contact address (https://modiphius.us/pages/help-support) of the problem within 40 days of the date on which the goods were despatched to you.
If you notify a problem to Modiphius Entertainment Ltd under this condition, Modiphius Entertainment Ltd'’s only obligation will be, at its option: to make good any shortage or non-delivery; to replace or repair any goods that are damaged or defective; or to refund to you the amount paid by you for the goods in question in whatever way Modiphius Entertainment Ltd chooses.
Modiphius Entertainment Ltd will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to Modiphius Entertainment Ltd under this condition and Modiphius Entertainment Ltd shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph (c) above.
Nothing in this condition is, however, intended to limit any rights you might have as a consumer under applicable local law that may not be excluded nor in any way to exclude or limit Modiphius Entertainment Ltd’s liability to you for any death or personal injury resulting from its negligence.
Nothing in this contract creates any right which is enforceable by any person who is not a party to the contract Force Majeure. Modiphius Entertainment Ltd shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond its reasonable control.
Invalidity
If any part of these conditions is unenforceable (including any provision in which Modiphius Entertainment Ltd excludes its liability to you) the enforceability of any other part of these conditions will not be affected.
Complaints
Modiphius Entertainment Ltd operate a complaints handling procedure which is used to try to resolve disputes when they first arise. If you have a complaint, please contact us at the following address: Modiphius Entertainment Ltd, 3rd Floor, 39 Harwood Road, Fulham, London, SW6 4QP, England.
Governing Law
The contract between us shall be governed by and interpreted in accordance with English law, and the English courts shall have jurisdiction to resolve any disputes between us.
Entire Agreement
These terms and conditions, together with the current Modiphius Entertainment Ltd Web site prices, delivery details and Modiphius Entertainment Ltd contact details, set out the whole of our agreement relating to the supply of the goods to you by Modiphius Entertainment Ltd. These terms and conditions cannot be varied except in writing signed by a director of Modiphius Entertainment Ltd In particular nothing said by any sales person on behalf of Modiphius Entertainment Ltd should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by Modiphius Entertainment Ltd Modiphius Entertainment Ltd shall have no liability for any such representation being untrue or misleading.
Interpretation
In these terms and conditions:
’Modiphius Entertainment Ltd’ means Modiphius Entertainment Ltd, Modiphius Entertainment Ltd, 3rd Floor, 39 Harwood Road, Fulham, London, SW6 4QP, England, and/or any connected organisation that actually supplies goods ordered by you and any successor to its business;
’working day’ means every day of a calendar year apart from weekends and statutory and public English holidays;
’us’ means Modiphius Entertainment Ltd and you together; and
’you’ and ’your’ means the person ordering goods under these terms and conditions.
Privacy
Modiphius Entertainment Ltd. Full Privacy Policy
At Modiphius Entertainment we are committed to protecting your privacy. We use the information we collect about you on behalf of our clients and to provide a more personalised experience. Any personal information provided to or gathered by Modiphius Entertainment through this website or otherwise as processed by Modiphius Entertainment Ltd, 3rd Floor, 39 Harwood Road, Fulham, London, SW6 4QP, England.
Modiphius Entertainment Ltd is also the controller where no client privacy policy applies.
Your Privacy Choices
You may contact us to have your personal information removed from our database.
The remainder of this privacy policy sets out the way in which we will collect, store and use information about you.
What information do we collect? How do we use it?
When you log in, we need to know your name and e-mail address. This allows us to identify you as the person who used the Modiphius Entertainment service and to include the details in our database for order tracking. All information we hold about you is stored with the e-mail address you used when you registered for a promotion. When you enter a contest or other promotional feature, we may ask for your name, address and e-mail address so we can administer the contest and notify winners. We may ask for other demographic information including age gender location and your preferences in relation to music and other Merchandising. This information is used to personalise our services to you and to create aggregate reports. The reports will not contain any personally identifying information. We also monitor customer traffic patterns and site usage to help us develop the design and layout of the service. We may also use the information we collect to occasionally notify you about important functionality changes to the website, and new services that we may offer. If you would rather not receive this information you may opt out by clicking the opt-out link in the e-mail.
How does Modiphius Entertainment protect customer information?
Whenever you provide your details we offer the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, as required by the UK Data Protection Legislation, we follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorised access. Our security procedures mean that we may occasionally request proof of identity before we are able to disclose sensitive information to you.
What about "cookies"?
Cookies are small pieces of information that are stored by your browser on your computer’s hard drive. Our cookies enable us to provide features such as making it easier to recall your profile details from our secure databases. Most web browsers automatically accept cookies, but you can usually change your browser to prevent that. Even without a cookie, you can still use most of the features in our service, including amending your Profile.
Will Modiphius disclose the information it collects to outside parties?
Modiphius Entertainment may provide aggregate statistics about the users of the Modiphius Entertainment webstore, sales, traffic patterns and related site information to reputable third-party vendors, but these statistics will include no personally identifying information. We may employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mails, removing repetitive information from customer lists, analysing data, providing marketing assistance, processing credit card payments and providing customer services. Such companies and individuals will have access to personal information needed to perform these functions, but may not use it for any other purposes and are required to process the data in accordance with the UK’s Data Protection legislation.
In Summary
We are committed to protecting your privacy. We use the information we collect on the site to make your visit at Modiphius Entertainment as useful as possible and to enhance your overall experience, and to pass to our clients as requested. We will not sell trade or rent your personal information to others, except in the event of a major capital restructuring of Modiphius Entertainment Ltd such as a change of ownership.
Your Consent
By using our websites, you consent to the collection and use of this information by Modiphius Entertainment Ltd. If we decide to change our privacy policy, we will post those changes on this page so that you are always aware of what information we collect, how we use it and under what circumstances we disclose it. Please note that the information you enter may be transferred outside the European Economic Area for the purposes of processing by Modiphius Entertainment and its affiliates and in order to maintain customer accounts for you at other Modiphius Entertainment websites. Any transfer of personal information outside of the European Economic Area is done in circumstances ensuring that the information is processed only in accordance with this Privacy Policy and the UK’s Data Protection Act. By submitting your data, you consent to this transfer. Your personal information may also be used by us and our affiliates to occasionally notify you about important functionality changes to our website, new Modiphius Entertainment services and special offers we think you’ll find valuable. If you would rather not receive this information, you may opt out by clicking the opt-out link in the e-mail.
Tell Us What You Think
Modiphius Entertainment welcomes your questions and comments about privacy. Please contact us from the feedback form.
Payment Methods
This site is run by Modiphius Entertainment Ltd and uses an online secure credit card transaction system provided by PayPal. If you possess a valid Visa, MasterCard, American Express, Diners Club or JCB credit card, or a Maestro, Solo, Visa Electron or Visa Delta debit card, then you can enter your details in a totally secure environment that encrypts all your credit card details and provides a safe reliable way for you to pay. As the service is run by Modiphius Entertainment you will see a reference to them on your card statement should you pay with PayPal. This store also accepts payments from the PayPal service. When paying by card through PayPal, the payment transaction is made by yourself as you place your order and your payment details are held by the third party involved, not by us. This means that we have no facility to charge additional payments to your card, although we can authorise full and partial refunds when necessary.
Currency, Tax, and Custom Duties
Payment is in GBP (£). If your card is issued by a North American bank, you may be charged international transaction fees by your bank. Use PayPal to avoid extra bank fees.
DDU (Delivery Duty Unpaid) – Orders sent outside of the United States of America (USA)
All orders sent outside of the USA are shipped on a DDU (Delivery Duty Unpaid) basis and may be subject to local customs import duty and/or sales taxes which are charged on the value of the purchase. Payment of these fees is the sole responsibility of the customer.
Payment of the duty charge or sales tax is necessary for the release of your order from customs on arrival to your country.
DDU (Delivery Duty Unpaid) – Refusal to pay charges – Returns Policy
If you refuse to pay any import duty or tax levied against your shipment, your product may be either destroyed by customs or the shipment returned to Modiphius Entertainment. If the product is returned, then all related returns charges plus a minimum administration charge of £5.00 GBP (or equivalent currency at current exchange rate) may be charged against you.
Correct Information
Only orders that contain correct information can and will be processed. Please note that if you are paying by credit/debit card it is essential that you use the billing address for your credit/debit card account as your main account address.
Pricing And Delivery
Normal Deliveries
All orders placed at modiphius.us are sent from the USA, usually via USPS, media mail, or FEDEX. The delivery cost will be added to your order at the checkout and is calculated by the destination of your order and the weight of products ordered.
Orders to the USA should then be delivered within 2-4 working days of dispatch. Orders sent outside the USA (Canada, Mexico, or other territories) will take longer. Orders outside the USA should be delivered within 10-14 working days of dispatch. If orders have not been received within 25 days of dispatch, please contact us – https://modiphius.us/pages/help-support
Please see our full Terms & Conditions for further information
Returns & Replacements
We deal with every return individually so that we can get to the root of any problems. We are sorry if you do need to return any of our products and want to make it as easy as possible. If you wish to return a product, please send a mail through https://modiphius.us/pages/help-support and state your order number, which item(s) you wish to return and the reason for returning. We will get back to you within 48 hours and help solve any issues.
Please note the following:
For Competition Terms And Conditions, see here.