1. Interpretation

  1. 1.1 The definitions in this condition apply in the terms and conditions set out in this document:
    • “Contract” means the Contract between you and us for the sale and purchase of the Products which shall be formed in accordance with condition 2.6;
    • “Force Majeure Event” shall have the meaning given in condition 10;
    • “Products” means the furniture/furnishing products that we are selling to you as set out in the Order;
    • “Order” means your order for the Products as set out overleaf;
    • “terms and conditions” means the terms and conditions of sale set out in this document;
    • “we”, “us” or “our” is a reference to Moderno limited company registered in England and Wales under company number 11793688,
    • “you” or “your” is a reference to the person named in the Order to whom we are supplying the Products in accordance with these terms and conditions.
  2. 1.2 Headings do not affect the interpretation of these terms and conditions.
  3. 1.3 References to “writing” or “written” includes, e-mail and SMS.

2. Basis of Sale

  1. 2.1. These terms and conditions, the Order and subject to condition
  2. 2.2 below any document expressly referred to in them are considered by us to set out the whole agreement between you and us for the sale of the Products where you place your Order for the Products in or with our retail store. If you wish to purchase a product with one of our internet shopping advisers over the telephone or online please refer to our terms and conditions that specifically govern those sales that can be found on our website located ModernoLiving.co.uk .  Please check that the details in these terms and conditions and in the Order are complete and accurate before you commit yourself to the Contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in writing, as we only accept responsibility for statements and representations made in writing by our authorised employees and agents. Please ensure that you read and understand these terms and conditions before you sign the Order, because you will be bound by the terms and conditions once a contract comes into existence between us, in accordance with condition 2.6.
  3. 2.3. Any samples, drawings, descriptions or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Products they describe. They do not form part of the Contract between you and us or any other contract between you and us for the sale of the Products.
  4. 2.4. If any of these terms and conditions are inconsistent with any term of the Order, the Order shall prevail.
  5. 2.5. The Order is an offer by you to enter into a legally binding contract to buy a Product, which we are free to accept or decline at our absolute discretion.
  6. 2.6. These terms and conditions shall become binding on you and us when the Order is signed by you and by our sales representatives on behalf of us, at which point a legally binding Contract shall come into existence between us.
  7. 2.7. All Products are bespoke and handmade to your specification (unless they are clearly identified on the Order as “stock furniture”) and as such, you will not have any right to cancel the Contract or return the Products once delivered unless the Product is defective or, if we in our absolute discretion, agree to cancel your Order. Where we agree to cancel your Order we shall notify you in writing that the Contract between us has been cancelled and we shall be entitled to retain up to 25% (twenty five percent) of the purchase price for the Products paid by you or, where insufficient funds have been paid by you at the time of cancellation we may charge you for cancelling the Order in such amount as we shall in our sole discretion decide up to a maximum sum of 25% (twenty five percent) of the purchase price for the Product. The amount of any monies retained or charged by us under this condition 2.7 shall be decided by us taking into account the losses and costs that we will reasonably suffer because of your cancellation up to a maximum amount of 25% (twenty five percent) of the purchase price.
  8. 2.8. You may make a request to amend your Order within 7 (seven) calendar days of placing your Order by providing us with a written notice which clearly sets out the amendment. If you want to change the Product that you have ordered we will only agree to amend your Order where you request to order another product or products of the same or similar value (as we shall acting reasonably in our sole discretion decide) to the purchase price of the original Product ordered by you as set out on the Order. Where we agree to amend your Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your written request for amendment, except that where the amendment results from our failure to comply with these terms and conditions you shall have no liability to us for it.
  9. 2.9. We have the right to revise and amend these terms and conditions, or any part of them, from time to time, including but not limited to, revisions and amendments 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 working methods or system’s capabilities. You will be subject to the policies and terms in force at the time that you order the Products from us, unless any change to those policies or these terms and conditions is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

3. The Products

  1. 3.1. We offer our usual warranty (see conditions 3.2 to 3.5 below) on all Products. On certain product lines, we also offer an extended warranty (please ask your sales representative which of our product lines carry an extended warranty).
  2. 3.2. From the date of delivery the Products we warrant that the Products will:
    • 3.2.1. conform in all material respects with their description subject to any qualification or representation contained in the Order, brochures, advertisements or other documentation;
    • 3.2.2. be of satisfactory quality;
    • 3.2.3. be fit for any purpose we say the Products are fit for or for any reasonable purpose for which you use the Products;
    • 3.2.4. be free from material defects in design, material and workmanship; and
    • 3.2.5. comply with all applicable statutory and regulatory requirements for selling the Products in the United Kingdom.
  3. 3.3. Our usual warranty applies to Product components for the following periods:
    • 3.3.1. interiors (foam, fibre fill, feathers etc) and cover 12 (twelve) months;
    • 3.3.2. electrical components, recliner mechanisms and bed frame mechanisms 24 (twenty-four) months; and
    • 3.3.3. frames, and structural defects on sofas 72 (seventy two) months
  4. 3.4. This usual warranty covers defects arising from normal domestic home use only and is in addition to your legal rights in relation to Products which are unaffected by this warranty. That means that if the Products are faulty or do not otherwise conform to these terms and conditions you may have legal rights against us in addition to the rights you have under our usual warranty. Advice about your legal rights is available from your local trading standards office or the consumer advice website: www.consumerdirect.gov.uk.
  5. 3.5. This usual warranty does not apply to any defect in the Products arising from wilful damage, accident, negligence by you or any third party, or any commercial or institutional use, if you use the Products in a way that we do not recommend, your failure to follow our instructions contained in our Care Guide, any alteration or repair you carry out without our prior written approval or to any Products purchased off the shop floor in accordance with condition 3.8 below, where any defects in the Products purchased have been set out on the inspection sheet prior to signing and acknowledged and accepted by you.
  6. 3.6. We will take reasonable steps to pack the Products properly and to ensure that you receive your Products in good condition.
  7. 3.7. These terms and conditions apply to any repaired or replacement Products we supply to you in the unlikely event that the original Products are faulty or do not otherwise conform with these terms and conditions.
  8. 3.8. If you order stock furniture Products off the shop floor, you must carry out a full inspection of the Products prior to placing your Order. In the event that the Product is found the have any faults (including but not limited to faults arising from general wear and tear), you must notify the sales representative prior to signing the Order. All faults must be identified by you and the sales representative and listed on a separate inspection sheet (as provided by the sales representative) and signed by you and the sales representative. By signing the inspection sheet you accept those faults listed on the inspection sheet. The inspection sheet shall form part of the Contract between you and us. You are not entitled to cancel or amend any Contract entered into for the purchase of stock furniture Products off the shop floor except where the Product is defective for a reason not listed on the inspection sheet.

4. Price and payment

  1. 4.1. The price of the Products will be the amount set out in the Order. Prices are liable to change at any time, but subsequent price changes will not affect the price for the Products stated in your Order at the time of placing your Order.
  2. 4.2. You must pay the deposit for the Products at the time of placing your Order in store, unless we, in our absolute discretion, agree that the deposit can be paid by you within 7 (seven) working days of the day on which you place your Order in store.
  3. 4.3. All outstanding balances must be received by us no later than 48 (forty eight) hours before the agreed delivery date. We will not dispatch your Products for delivery until we have received cleared funds from you for the full amount due. If you choose to make payment by cheque, please note that it will take up to 10 (ten) working days for the cheque to clear and therefore delivery of your Order may be delayed while the cheque clears.
  4. 4.4. All prices quoted include VAT.
  5. 4.5. These prices include our standard delivery charge as stated on the Order but exclude any extra delivery charges that may become payable by you under condition 6 below.
  6. 4.6. As at September 2015, a standard delivery charge for dining furniture Products and sofas is Free
  7. 4.7. It is always possible that, despite our best efforts, a Product may be incorrectly priced on the Order. We will normally check prices as part of our dispatch procedures so that, where a Product’s correct price is less than the price stated on the Order, we will refund to you the difference between the correct price and the price paid by you. If a Product’s correct price is higher than the price stated on the Order, we will normally, at our discretion, either contact you for instructions before dispatching the Product or, reject the Order, refund your deposit and any other payment you have made and tell you that we have done so. In any event, if the price stated on the Order is incorrect we do not have to provide the Products to you at the incorrect (lower) price and may reject the Order and provide you with a full refund.
  8. 4.8. Payment must be made by cheque (made payable to Moderno Living ltd. We only accept 30% deposit payment with Visa, Mastercard, Electron, Maestro, Visa Debit, V Pay and Solo the remaining 70% needs to be paid via bank transfer. All card payments are subject to authorisation by your card issuer. We will charge your credit or debit card for the deposit when you place your Order and when you subsequently pay the balance.
  9. 4.9. Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.
  10. 4.12. Conditions 4.9 and 4.11 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly that you dispute it.

5. Delivery

  1. 5.1. We will deliver the Products to you or, you may collect the Products from us if agreed by us in advance (except where you have chosen one of our easy payment options, in which case you will not be permitted to collect the Products from us and we will deliver them to you). All orders for Products are subject to availability. We will inform you as soon as possible if any Product ordered by you is not available.
  2. 5.2. All deliveries will be made to the delivery address provided by you as set out in the Order. In the event that you require the Products to be delivered to an alternative delivery address to that stated in the Order you must contact us either in writing or by telephoning the store where you placed you Order to notify us of the new delivery address and you must also provide us with further personal identification (in such form as shall be requested by us) by presenting you original identification documentation at the store where you placed your Order. We must receive notification of the new delivery address and your identification not less than 5 (five) working days before the due date for delivery in order for us to process your request. Please note that where you have chosen one of our easy payment options, we will be required to also obtain the consent of the finance provider prior to changing your delivery address. If you request an alternative delivery address less than 5 (five) working days before the due date for delivery we shall be entitled to postpone the delivery date and we shall not be liable for any inconvenience caused to you due to a postponement under these circumstances.
  3. 5.3. We will take reasonable steps to fulfil your Order within the relevant delivery lead time (in weeks) as stated in the Order. Please note however, that all delivery lead times quoted are approximate only and delivery may vary by up to 4 (four) weeks earlier or up to 4 (four) weeks later than the stated delivery lead time. All delivery lead times start from the day the Contract between you and us is formed. If you choose to pay for your Order by one of our easy payment options the approximate delivery times will start once you have agreed and signed your finance documentation and the Order.
  4. 5.4. In some circumstances the manufacture and delivery of your Products may be delayed through circumstances beyond our control and your Products will be delivered to you within any revised lead time notified to you by us, unless there are exceptional circumstances. We will, of course, make every effort to keep you informed of any changes to the expected delivery lead time.
  5. 5.5. Where the manufacture and delivery of your Products is delayed through circumstances beyond our control for example, where the delay is due to one of our suppliers we may refund to you the delivery charges paid by you or, we may in certain limited circumstances offer a partial refund of the price paid for the Products in such amount as we shall in our absolute discretion decide. Any payment refunded by us under this condition 5.5 shall be made by us to you by way of a refund of the delivery charges or of the original purchase price paid for the Products and is not a compensation payment.
  6. 5.6. In the unlikely event that we become unable to fulfil your Order due to circumstances beyond our control for example, due to the action or inaction of one of our suppliers, we will notify you that the Contract between us has been cancelled and we will provide you with a full refund (less any refund already paid to you under condition 5.5 above).
  7. 5.7. Delivery of the Order shall be completed when we deliver the Products to you or where in certain limited circumstances you collect them from us.
  8. 5.8.. Please note however, that we are unable to offer a timed delivery service and any delivery times given, are estimates only. Please ensure you have provided us with accurate contact details so that we may arrange to deliver your Order as quickly as possible. We are unable to store Products at the relevant distribution centre for longer than 5 (five) working days following receipt.
  9. 5.9. On the day of delivery, please ensure that the delivery team can gain easy access to the room that your Product is going into (see condition 6 below for details of when we may charge extra delivery charges). Please make sure that the area you want the Product placed is cleared. Our delivery team will unpack the Product, install it in the room of your choice and remove all packing materials from your home and recycle wherever possible. Please inspect your Product carefully before signing for it. Unfortunately, we are not able to take away your old furniture and you should make your own arrangements for this.

6. Extra delivery charges

  1. 6.1. You must tell us when placing your Order in the box provided, under ‘delivery instructions’, about any special factors that may result in delivery being more costly and/or taking longer than it otherwise would have, such as parking restrictions or small entrances. Upon notifying us of any special factors we may revise our standard delivery charge to take into account any special factors that we consider may result in additional costs to us.
  2. 6.2. Extra charges for delivery may apply in any of the following circumstances:
    • 6.2.1. If we need to take remedial action in order to place the Products into the room for which they were intended (for example, removal of internal doors). We will not undertake any remedial action without first obtaining your consent;
    • 6.2.2. If delivery is more costly and/or takes longer than it otherwise would have because of any special factors that you failed to tell us about when placing your Order;
    • 6.2.3. If the Products need to be redelivered because of access problems (for example, small door frames and window frames, awkward turns, narrow passages, steps etc) at the delivery address or, because the Products would not fit into the room for which they were intended;
    • 6.2.4. If the Products need to be redelivered because there was no-one at the delivery address aged 18 (eighteen) or over to sign for the Products at the time of delivery.
  3. 6.3. If you need to inform us of any special factors regarding your delivery after you have placed your Order please notify the Moderno Living store where you placed your Order by either telephoning the store or notifying us in writing. Upon notifying us of any special factors we may revise our standard delivery charge to take into account any special factors that we consider may result in additional cost to us.
  4. 6.4. If we attempt to deliver Products to a delivery address but delivery is, in our opinion, impossible or impractical, you may notify us of an alternative delivery address and we will redeliver to that alternative delivery address. Where you require us to deliver to an alternative delivery address you will be required to provide to us with personal identification in accordance with the provisions set out in condition 5.2 above and in the case of payment by one of our easy payment options, consent of the finance provider will also be required prior to changing your delivery address. However, if we do not hear from you with a suitable alternative delivery address within 5 (five) working days of the attempted delivery, then we may cancel your Order and deduct a charge for our administration, transit and storage costs which will be no more than 25% (twenty five percent) of the price of the Products from your refund.
  5. 6.5. If delivery proves, in our opinion, to be impossible or impractical on 2 (two) or more occasions because of access problems, the goods will not fit into the room for which they are intended or because there was no-one at the delivery address aged 18 (eighteen) or over to sign for the Products at the time of delivery, then we may cancel the Contract and deduct a charge for our reasonable administration, transit and storage costs which will be no more than 25% (twenty five percent) of the price of the Products from your refund.

7. Title and risk

  1. 7.1. The Products will be your responsibility and at your risk from the time of delivery.
  2. 7.2. Ownership of the Products will only pass to you when we receive payment in full of all sums due for the Products, including delivery charges.
  3. 7.3. Notwithstanding conditions 7.1 and 7.2 above, where you have decided to pay for your Products by one of our easy payment options, ownership of the Products and risk will only pass to you in accordance with the terms of your finance documentation.

8. Defective goods and returns

  1. 8.1. In the unlikely event that the Products do not conform with these terms and conditions, please let us know as soon as possible after delivery. We will arrange to inspect the Products on a date agreed between us and once we have checked that the Products are faulty, we will:
    • 8.1.1. provide you with a full or partial refund (the amount of any refund will be decided by us, in our absolute discretion, taking into account factors such as the age of the Products and the length of time that you have owned the Products); or
    • 8.1.2. replace the Products; or
    • 8.1.3. repair the Products.
  2. 8.2. Please note that where we agree to collect the Products due to a fault or defect pursuant to condition 8.1 above and agree to either provide you with a refund (full or partial) or replace or repair the Products, you are required to ensure that the Products are returned to us on the date of collection in a satisfactory condition allowing for normal wear and tear expected in relation to the age of the Product and excepting the fault or defect for which the Product is being returned.
  3. 8.3. These terms and conditions will apply to any repaired or replacement Products we supply to you.

9. Limitation of liability

  1. 9.1. Subject to condition 9.3, if either of us fails to comply with these terms and conditions, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these terms and conditions.
  2. 9.2. Neither of us shall be responsible for losses that result from our failure to comply with these terms and conditions including, but not limited to, losses that fall into the following categories:
    • 9.2.1. loss of income or revenue;
    • 9.2.2. loss of business;
    • 9.2.3. loss of anticipated savings;
    • 9.2.4. loss of data; or
    • 9.2.5. any waste of time. However, this condition
    • 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
    • 9.3. This condition does not include or limit in any way our liability for:
    • 9.3.1. death or personal injury caused by our negligence; or
    • 9.3.2. fraud or fraudulent misrepresentation; or
    • 9.3.3. any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Products and Services Act 1982; or
    • 9.3.4. losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
    • 9.3.5. any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

10. Events outside our control

  1. 10.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (Force Majeure Event).
  2. 10.2. A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:
    • 10.2.1. delays caused by one of our suppliers;
    • 10.2.2. strikes, lock-outs or other industrial action; or
    • 10.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or
    • 10.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or
    • 10.2.5. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or
    • 10.2.6. impossibility of the use of public or private telecommunications networks;
    • 10.2.7. the acts, decrees, legislation, regulations or restrictions or any government.
  3. 10.3. Our obligations under these terms and conditions are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions can be performed despite the Force Majeure Event.

11. Assignment

  1. You may not transfer any of your rights or obligations under these terms and conditions to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these terms and conditions to another organisation, but this will not affect your rights under these terms and conditions.

12. Notices

  1. All notices sent by you to us must be in writing and sent by email at [email protected] or, only where explicitly stated in these terms and conditions, by telephone by calling the store where you placed your Order (all store telephone numbers can be found on our website). We may give notice to you at either the e-mail or postal address or via the contact telephone number you provide to us in the Order. Notice will be deemed received and properly served 24 (twenty four) hours after an e-mail is sent or two working 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 the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that the e-mail was sent to the specified e-mail address of the addressee.

13. General

  1. 13.1. If any court or competent authority decides that any of the provisions of these terms and conditions are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
  2. 13.2. If we fail, at any time while these terms and conditions are in force, to insist that you perform any of your obligations under these terms and conditions, or if we do not exercise any of our rights or remedies under these terms and conditions, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these terms and conditions shall be effective unless we expressly say that it is a waiver and we tell you so in writing.
  3. 13.3. A person who is not party to these terms and conditions shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
  4. 13.4. These terms and conditions shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.
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