A. INTRODUCTION

This page provides information about who we are and sets out the terms and conditions that apply when you use the website modeand.com (the ‘Website’) and the terms and conditions on which We supply to you products that you have ordered through the Website (together the ‘Terms and Conditions’).

Section B sets out information about the VLM Group and the entities on whose behalf the Website is operated.

Section C includes the terms that apply for the use of the Website generally.

Section D sets out the terms that apply to any order you place through the Website and the supply of the products that you have ordered (the ‘Terms and Conditions of Sale’).

Section E includes certain legal terms, which are of general application.

Section F refers you to the privacy policy of the VLM Group which explains what personal information the VLM Group collects from you, how and why it collects, stores, uses and shares such information, your rights in relation to your personal information and how to contact the VLM Group and supervisory authorities if you have a query or complaint about the use of your personal information.

Please read carefully the following information and terms and conditions before you start using the Website. These Terms and Conditions apply regardless of how you access the Website, including via any technologies or devices by which the Website is made available to you at home or on the move.

By accessing or using the Website or by placing an order through the Website, you confirm that you have read, understood and agree to these Terms and Conditions in their entirety and agree to be bound by them. If you do not agree with or accept any of the Terms and Conditions, you should stop using the Website immediately and you must not order any products through the Website.

B. INFORMATION ABOUT US

Who we are

The Voici La Mode Group is made up of different legal entities. This Website is operated on behalf of the following entities of the Voici La Mode Group:

• Voici La Mode Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 2146, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10002146W;
• Voici La Mode (Cafe La Mode) Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 143895, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10143895T;
• Francium Enterprises Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 179068, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10179068Z;
• Respintero Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 420950, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10420950I;
• Nerland Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 418307, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10418307O;
• Jarospin Limited, a limited liability company registered in the Republic of Cyprus with registration number HE 421691, whose registered office is at 90 Akropoleos Avenue, 4th floor, Strovolos, 2012 Nicosia, Cyprus and VAT registration number is 10421691N.

When we mention “We”, “Us” or “Our” in these Terms and Conditions in relation to an order or a sale of products, we are referring to the relevant company in the Voici La Mode Group that is selling the relevant products, that is:

• Voici La Mode Limited for Marks & Spencer products;
• Respintero Limited for Etam and Undiz products;
• Nerland Limited for Accessorize products; and
• Jarospin Limited for Sfera products.
• Francium Enterprises Limited for Celio products.

When we mention “VLM”, “Group” or the “VLM Group” in these Terms and Conditions, we are referring to the above companies collectively or any of them, as the content may require.

How to contact us

If you want contact the VLM Group, or if you want to file a claim regarding an order or delivery, you can do so using the following contract details:

• by e-mail at customersupport@modeand.com
• by telephone at 22884999
• by post at 90 Acropolis Avenue, 4th Floor, Strovolos, 2012 Nicosia, Cyprus.

c. WEBSITE TERMS OF USE

The following legal terms and conditions apply when you access, browse and use the Website.

Your use of the Website

The Website is for your personal and non-commercial use only. You may not, without the prior written consent of VLM, copy, reproduce, crawl, frame, republish, download, print, post, distribute, re-post, broadcast, record, transmit, edit, communicate to the public, link to, or distribute in any way the web pages or materials on the Website or the computer codes or elements comprising the Website other than solely for your own personal or internal business use.

You may only use this Website for lawful purposes and you may not use it in a way that infringes the rights of anyone else or that restricts or inhibits anyone else’s enjoyment of the Website.

Ownership and intellectual property rights

All rights, including copyright, know how, moral rights and other intellectual property rights over all material and content including (but not limited to) text, images, web pages, sound, software, software code, interfaces, website structure and videos, in and to this Website are owned by or licensed to the VLM Group unless otherwise indicated.

Nothing in the Terms and Conditions grants you any legal rights in the Website other than as necessary to enable you to access the Website.

Accuracy of information and availability of Website

While VLM tries to make sure that the Website is accurate, up-to-date and free from bugs, it cannot promise that it will be. Furthermore, VLM cannot promise that the Website will be fit or suitable for any purpose. Any reliance that you may place on the information on the Website is at your own risk.

Subject to the Terms and Conditions of Sale, content is provided for your general information purposes only and to inform you about the VLM Group and its products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

While VLM tries to make sure that the Website is available for your use, it does not promise that the Website is available at all times nor does it promise the uninterrupted use by you of the Website.

Damage to your computer or other device

VLM uses reasonable efforts to ensure that this Website is free from viruses and other malicious or harmful content. However, it cannot guarantee that your use of this Website (including any content on it or any website accessible from it) will not cause damage to your computer or other device. It is your responsibility to ensure that you have the right equipment (including antivirus software) to use the Website safely and to screen out anything that may damage or harm your computer or other device. Except where required by applicable law, VLM will not be liable to any person for any loss or damage they suffer as a result of viruses or other malicious or harmful content that they access from or via the Website.

D. TERMS AND CONDITIONS OF SALE

These Terms and Conditions of Sale (apply to any order you place through the Website.

1. Opening an account and placing an order

To place an order, you can open an account at the Website (“Your Account”) which will require you to provide some compulsory personal information. Alternatively, you can choose to place your order via the guest checkout.

You confirm that all information and details provided by you to VLM (including on registration) are true, accurate and up to date in all respects and at all times. You can update or correct your details at any time by going to Your Account.

When you create an account, VLM may ask you to use passwords or other means to allow you to access certain areas of the Website and to maintain your account security. It is your responsibility to maintain the confidentiality of your password and account information. VLM will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. Should you become aware of or suspect any unauthorised use of your password or account, please contact us. If VLM is suspicious of any fraudulent activity coming from your account, VLM may refuse you access to your account and can delete Your Account.

When you order through the Website via guest checkout, you will still need to provide Us with certain compulsory personal information in order for Us to process your order. However, you can choose to register an account with the Website after submitting your order. Please see our Privacy Policy to see how your personal information will be used and stored.

If you are under the age of 18 you may not buy any products from the Website.

myVLM Loyalty Programme

By opening an account on the Website, you will immediately become a member of the myVLM loyalty programme (the ‘Programme’), without any charge or burden for you. We may award you points for purchases you make from any of the VLM Group brands, in accordance with the terms and conditions of the Programme. To see the Programme’s terms and conditions, please click here.

2. Acceptance of your order

Please note that completion of the online checkout process does not constitute Our acceptance of your offer to purchase products or services from Us. Our acceptance of your order, which creates a contract between you and Us, will take place only when We confirm your order by email. Prior to despatch of the products, We have the right to decline or cancel an order for any reason, including legal and regulatory reasons.

The contract that is created between you and Us in respect of any order you place through the Website incorporates these Terms and Conditions.

The duration of Our contract with you will start from when We confirm your Order and lasts until We decline or cancel your order or, if We despatch the products, the last day of your right to return the products (you can find more information on your Right to Cancel below).

If We cannot supply you with the products you ordered, We will not process your order and inform you of this in writing (via email) and, if you have already paid for the product, We will refund you in full as soon as reasonably possible, but in any event no later than 14 days after receipt of your payment.

If the fulfilment of an order (or any aspect of it) would be illegal or unlawful, including by reason of breach of export controls or sanctions rules or if you are under the age of 18 and order alcoholic products, We have the right to stop or cease to fulfil the order at any time, including after despatch of products or the notification to you that the order has been received and is being processed. You acknowledge that We will not incur any liability in such circumstances.

3. Payment

Accepted Payment Methods

You may pay by debit card, credit card or another alternative payment method specified as part of the checkout process. VLM may change the payment methods at any time but this will not affect any existing order.

Price

The price of the products you order will be the price indicated on the order pages when you place your order.

The price of all goods sold by VLM via the Website are in Euro (€), includes VAT at the applicable rate but does not include the cost of delivering the goods.

Offers, sales and any other promotional activations can not be combined.

We use our best efforts to ensure that the price of the product advised to you is correct. However, it is always possible that, despite our best efforts, some of the products We sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, We will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, We will contact you for your instructions before We accept your order.

Payment

If you place an order on the Website, then you acknowledge and agree that: (i) We will charge you through the payment method you have selected for your order and such other amounts that may accrue in connection with the order; (ii) that you will provide valid and current information for (a) yourself and (b) if applicable, another person, but only if you have first obtained their express consent to do so; (iii) that VLM may use tools, software or services of payment processors to process transactions on our behalf; and (iv) if your payment is not received by Us for any reason from your card issuer, you agree to promptly pay all amounts due upon request and using the method that We reasonably prescribe.

4. Delivery

Delivery charges and timescales vary depending on the type of products ordered, the service you select and the delivery address.

You will be able to see the delivery charge in the order page when you place your order. We will inform you of the estimated date for delivery of the goods via e-mail. If no fixed date or timeline has been communicated to you, our deliveries are performed within a maximum period of 30 days. If We do not deliver your products within this maximum period of 30 days, you may ask Us to perform the delivery within an additional period that is reasonable under the circumstances. If We do not deliver your products within this additional period, You are entitled to terminate your contract with Us and get full refund.

Where the supply of your products is delayed or prevented for reasons beyond our control (for example, material shortages, import delays or higher than anticipated demand), We will make every effort to keep you informed but will be under no liability to you for such delay or failure. For the avoidance of doubt, this paragraph does not exclude or effect in any way any statutory right that is afforded to you to cancel an order when a product is delayed or not provided.

Delivery of the goods will take place when We deliver them to the address that you gave to Us. If delivery cannot be made to the address you gave to us, including due to the recipient not being present at the address at the time allotted by the carrier or if the recipient refuses to accept the products, We reserve the right to deduct the cost for returning products back to Us from the  refund for the order.

All risk in the products you order (including risk of loss or damage to the products) will pass to you when they are delivered to the delivery address specified in your order or when you or a carried organised by you collect them from Us.

5. Right to cancel

If you are purchasing products through the Website as a consumer, you have the right to cancel all or part of your contract without giving any reason at any time up to 14 calendar days after the day on which you receive, or a third party other than the carrier and indicated by you receives, the goods you ordered. In such case, we will refund you the price you paid for the products including delivery cost, but we may make certain deductions from the price, as described below.

This right to cancel does not apply to certain products such as:

• goods made to the consumer’s specifications or clearly personalised (e.g. made to measure orders);
• goods which are liable to deteriorate or expire rapidly (e.g. flowers, plants and food); and
• sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery (e.g. lingerie or other products with a hygiene seal).

Where We deliver products to a third party in accordance with your order, you will only be able to exercise this cancellation right if you can return the goods to Us.

Exercising the right to cancel

To exercise the right to cancel, you must inform Us of your decision to cancel this contract by a clear written statement (e.g. a letter sent by post, fax or email) using our contact details at the top of the Terms and Conditions. You may also use the model cancellation form (but you do not have to), which can be found at the end of this page.

You must take reasonable care of the goods while in your possession. You must send back all goods relating to the cancelled contract to Us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to Us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning any goods to Us. Products should be returned in or with their original packaging. You are only liable for any diminished value of the goods resulting from the unnecessary handling of the goods in excess of what is necessary to establish the nature, characteristics and functioning of the goods.

Once We receive your parcel or you provide Us evidence of having sent back the products, whichever is earlier, We will process your refund. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, We will not refund any supplementary costs if you have expressly opted for a type of delivery other than the least expensive type of standard delivery offered at checkout and We may withhold from the refund the amount that corresponds to any reduction in the value of the returned products resulting from the use or handling of the products by you (except from handling that is necessary to establish the nature, characteristics and functioning of the products).

6. Product and service descriptions

VLM has taken reasonable precautions to try to ensure that prices quoted on the Website are correct and that all products have been fairly described. However, when ordering products or services through the Website, please note that:

• orders will only be accepted if there are no material errors in the description of the goods or services or their prices as advertised on this Website;
• packaging may vary from that shown on the Website;
• the weights, dimensions and capacities shown on the Website are approximate only;
• whilst We try to display the colours of our products accurately on the Website, the actual colours you see will depend on your monitor and we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery; and
• all items are subject to availability. We will inform you as soon as possible if the products you have ordered are not available and We may offer alternative product of equal or higher quality and value.

7. Liability and faulty products

If We fail to comply with the contract between you and Us, We are responsible for loss or damage you suffer that is a foreseeable result of Our breaking the contract with you or Our failing to use reasonable care and skill. This includes liability for personal injury or death caused by Our negligence, fraud or any matter that cannot be limited or excluded by law.

However, We are not responsible for any loss or damage that is not foreseeable. We will not be liable to you if We are prevented or delayed from complying with our obligations under the contract we have with you by anything you (or anyone acting on your behalf) do or fail to do or due to events which are beyond our reasonable control.

Under the law, We have an obligation to ensure that any products We supply to you will be as described, fit for purpose and of satisfactory quality. If you are purchasing products through the Website as a consumer and We deliver a product to you that is not as described, fit for purpose or of satisfactory quality, We have an obligation under the law, for a period of two years after the delivery of the product,  to offer, free of charge,  a repair or replacement or, where this is not possible or would be too expensive, a refund.

You must check all products you receive against your order. If the products you receive are faulty (that is not of satisfactory quality, as described or fit for purpose) or incorrectly supplied on delivery then you must note the details of any fault, damage or error in supply on delivery or if you are unable to view the items on receipt, you must inform Us (by post, phone or email) within a reasonable period of time. You must return the products to Us as soon as possible after informing Us that the products are faulty or have been incorrectly supplied.

Please note that We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

You must follow any advice We give you to keep products We supply to you safe (including any instructions or product manuals provided with the products). We cannot accept liability for damage to products We have supplied which is caused by your failure to follow this advice.

8. Foods Disclaimer

The information provided on the Foods product page is intended to provide a summary of information for your convenience while shopping on the MODE& website. We have made every effort to ensure the accuracy of this summary, but it is not a substitute for reading the product packaging and label before using the product. Please be aware that products and their ingredients may be subject to change, and if you require precise ingredient information, you should contact the manufacturer using the details provided on the packaging or label. MODE& cannot be held liable for any inaccurate information provided. If a link is provided to another website for further information on the product, please note that MODE& has no control over the content of that website and cannot be held responsible for it. Please also note that any additional items, ingredients, or table accessories shown in product images are not included in your purchase. This information is for personal use only and may not be reproduced without the prior consent of MODE& and appropriate acknowledgement.

E. LEGAL TERMS

The following legal terms apply generally when you use the Website and when you order products through the Website.

Exclusion of Liability

Except as expressly provided in these Terms and Conditions, We exclude all representations, warranties, conditions and terms (whether express or implied by statute, common law or otherwise) to the fullest extent permitted by law. We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with the Terms and Conditions or your use of the Website.

Nothing in these Terms and Conditions of excludes or limits our liability for personal injury or death caused by our negligence. In addition, these Terms and Conditions do not limit or exclude any other liability that we are not permitted to limit or exclude under applicable law.

Third Party Rights

You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions to any third party unless VLM agrees in writing.

VLM may assign, transfer or sub-contract any of its rights or obligations under these Terms and Conditions to any third party at its discretion. However, where VLM has engaged a third party to perform part of the contract with you, it remains liable towards you for the full performance of our agreement and also for the performance by the third party.

Waiver

No relaxation or delay by VLM in exercising any right or remedy under these Terms and Conditions will operate as waiver of that right or remedy or will affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by VLM in writing.

Complaints and disputes

We will try to resolve any complaints you make or disputes with you quickly and efficiently.

If you are unhappy with the goods supplied to you or any other matter, please contact Us as soon as possible.

If you and We cannot resolve a complaint or dispute using our internal complaint handling procedure, we will let you know and if you are not satisfied with the outcome you can bring legal proceedings.

In addition, you may submit disputes for online resolution to the European Commission Online Dispute Resolution platform. For more details, please visit https://ec.europa.eu/consumers/odr.

Law and Jurisdiction

Any matters that arise out of your use of this Website (including any contract entered between you and Us through the Website) will be governed by the laws of the Republic of Cyprus and subject to the exclusive jurisdiction of the courts of the Republic of Cyprus.

Changes to these Terms and Conditions

The VLM Group reserves the right to change and update these Terms and Conditions from time to time and recommends that you revisit this page regularly to keep informed of the current Terms and Conditions. In the event of a change or an update to these Terms and Conditions, this will be flagged in an appropriate way on the Website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to our Terms and Conditions.

F. YOUR PRIVACY AND PERSONAL INFORMATION

Your privacy and personal information are important to the VLM Group. Any personal information that you provide to the VLM Group will be dealt with in line with our Privacy Policy, which explains what personal information the VLM Group collects from you, how and why it collects, stores, uses and shares such information, your rights in relation to your personal information and how to contact the VLM Group and supervisory authorities if you have a query or complaint about the use of your personal information.

The Privacy Policy of the VLM Group is available at https://voicilamode.com/privacy-policy/.

MODEL CANCELLATION FORM

(Complete and return this form only if you wish to withdraw from the contract)

To: Modeand.com

90 Acropolis Avenue, 4^th Floor, Strovolos, 2012 Nicosia, Cyprus,

phone: 22884999

email: customersupport@modeand.com.

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

Ordered on [*]/received on [*],

Name of consumer(s),

Address of consumer(s),

Signature of consumer(s) (only if this form is notified on paper),

Date

[*] Delete as appropriate