TERMS OF SALE (for orders placed from 15 July 2023 onwards)
We are a part of Giomani Designs Ltd, a limited company registered in England and Wales under company number 07182902. Our registered office is Redman Fisher Building, Bean Road, DY4 9AQ.
1. ABOUT THESE TERMS OF SALE
1.1. What these terms of sale do. These terms of sale set out the terms and conditions which govern the relationship between us, Giomani Designs Limited, and you when we sell goods to you via our website www.modafurnishings.co.uk or via our telephone ordering system.
Please read these terms of sale carefully before you place an order with us as when you place an order with us (either by purchasing from our website www.modafurnishings.co.uk or by purchasing via our telephone ordering system) you agree to be bound by these terms of sale.
If you do not agree to be bound by these terms of sale or if you have any questions regarding our terms of sale please contact our team at firstname.lastname@example.org who will be pleased to assist with your query.
1.2. Important terms for you and us. We would especially like to draw your attention to the sections listed below which set out important rights for you and us:
Section 7 (Cancellations and Returns)
Section 9 (Our Responsibility To You For Loss Or Damage Suffered By You)
1.3. Your rights as a consumer. These terms of sale do not affect your statutory rights as a consumer.
1.4. We may make changes to these terms of sale. We may change these terms of sale at any time. If we do so we will post the new terms of sale on our website. It is important to check our website for any updates made by us to the terms of sale as they will apply to any future orders placed by you.
1.5. Other terms that may apply to you. There are other terms and conditions that may also apply to you when ordering via our website or telephone ordering system or when taking part in our competitions or promotions. These terms and conditions are listed below.
2. ABOUT US
2.1. Who we are. We are a part of Giomani Designs Ltd, a limited company registered in England and Wales under company number 07182902. Our registered office is Redman Fisher Building, Bean Road, DY4 9AQ.
2.3. How we will contact you. We may contact you by email and telephone.
3. OUR GOODS
3.1. We may make changes to the goods we sell to you. [We and our suppliers have a policy of continuous product development and reserve the right to amend the specifications of any goods or products without prior notice in relation to future sales. Any changes to products will be subject to Moda Furnishings notifying the customer of the change and the customer agreeing to the same, with the option for the customer to cancel the contract (free of charge) should they not agree to such change. This includes adjustments to sizes or ornamental detailing on individual items purchased. Please email or call ahead to check exact sizes or potential changes as on occasions minor adjustments may have been made by our supplier.]
3.2. Goods may look different to their pictures. We make every effort to ensure that the goods we sell look like the photographs and comply with the descriptions provided our website. Please note however that certain colours may look different to the actual colour of a product when displayed on an electronic device. Unless agreed with you, the goods supplied will be of equivalent value, functionality and appearance.
3.3. Your use of the goods we sell to you. All goods which we sell to you should be used and operated by you in accordance with the accompanying instructions and advice.
4. ORDERING FROM US AND OUR CONTRACT WITH YOU
4.1. How to place an order with us. You can place an order with us by ordering via our website and using our checkout process or by calling us and using our telephone ordering system. As part of our checkout process, you will be given the opportunity to check your order and to correct any errors before confirming your order and submitting your order to us.
Once you have submitted your order, we will send you an order acknowledgement to the e-mail address you provided during the ordering process. Our acknowledgement will include details of the products you ordered and their prices. Our acknowledgement email does not constitute acceptance of your order.
4.2. The creation of a contract between you and us. The contract between you and us will only take place once we have accepted your order. Our acceptance and the creation of the contract between you and us will take place when we dispatch the ordered goods to the address you provided during the order process and sent a dispatch confirmation e-mail to you.
Please note that your payment may be processed immediately even if we have not yet accepted your order.
4.3. What happens if we cannot accept your order. We will notify you by phone or e-mail, if we cannot accept your order or if you cancel the order prior to dispatch. If we have taken payment, we will refund you as soon as possible (and in any event, within 14 days).
There are circumstances where we may refuse to accept your order such as:
where goods are not available;
where we cannot obtain authorization for your payment;
if there has been a pricing or description error;
if you do not meet any eligibility criteria set out in our terms of sale; or
if you refuse to provide proof of your identity where it is required to confirm your address or payment method.
5.1. Delivery charges. We may charge you for delivering the goods. Details of our delivery charges will be provided to you before you place your order a part of the ordering process.
We may offer free delivery to locations in the UK however exceptions apply for delivery to the Scottish Highlands, UK islands and Northern Ireland. If a delivery will attract an additional shipping fee, then we will contact you first to confirm that you still wish to continue with the order. Any additional fees due will be charged at cost.
5.2. Prices for goods. All prices for goods are shown on our website and will provided by us before you place your order. We may change the prices for goods at any time, but these changes will not affect any orders that we have already accepted.
5.3. VAT. All prices stated include VAT at the applicable rate. For orders made outside of the UK all orders will be charged including the applicable UK rate of VAT. Any UK VAT paid can then be claimed back through your home country.
5.4 The information, services, prices and products provided on and throughout this website are subject to change without notice. In the event of a genuine website error or inaccuracy, we reserve the right to withdraw an offer immediately.
5.5 Moda Furnishings reserve the right to cancel any confirmed orders that are subject to genuine website error or inaccuracy, this may or may not be related to product pricing.
5.6 All products and promotions offered are subject to availability and can be withdrawn at our discretion.
6.1. A delivery is deemed to have taken place once the goods have arrived at the address provided for delivery in your order. Please note, all garden furniture deliveries are kerbside only unless our Platinum delivery service has been purchased. This means that the delivery person may at his / her discretion help carry or move the delivery around the delivery location to its designated area within the delivery location however are not obliged to. If a delivery person does help with the carrying or moving of the furniture, then this will be deemed a separate verbal contract formed by the delivery person and you.
6.2. Signatures are not necessarily required as proof of delivery. If a signature is required, you should check the number of packages and the condition of the inspected goods delivered before signing. We may leave your goods at the address specified in your order without a signature except where you have told us that the goods must not be left at the address without a signature.
6.3. It is your responsibility to dispose of the packaging unless you have purchased the Platinum Delivery service.
6.4. Please let us know within 48 hours of delivery if there are any parts missing or damaged goods by emailing us at email@example.com. Please also see Section 7 of these terms of sale which sets out more information about the rights and remedies available to you.
6.5. Responsibility for the goods during and after delivery. We are responsible for the goods whilst they are being delivered to you. Once delivery is deemed to have taken place (see Section 6.1 above for more information about this) responsibility for the goods will pass to you so that any loss or damage to the goods is at your own risk.
It is important to note that responsibility will pass to you even if you have not taken possession yourself of the goods or if we leave the goods at your address. By way of example, you will be responsible for the goods when we deliver the goods to a public or workplaces such as hospitals and hotels and a person that is not you has received the goods from us.
6.6. If we cannot deliver the goods because you do not allow us to deliver the goods to you then we have the right to charge you for a second delivery as our delivery obligation only stands for the first delivery attempt.
For goods which are garden furniture and/or garden structures, redelivery charges will usually be around £55 per package or pallet. A delivery date will be booked to allow time to accept the delivery.
If you refuse delivery of an order, we will take the goods back to our warehouse and will charge you a return delivery fee deemed reasonable. The return delivery fee will be deducted from the refund amount which shall be issued once we have received the goods back in our warehouse and fully inspected the goods.
6.7. Delivery times. We strive to deliver goods within the lead time stated when your order was placed. If it is clear to us at the time you place the order that delivery will take longer than the agreed lead time, we will notify you before accepting and completing the order processing.
6.8. Failure to deliver on time. If we fail to deliver within the time specified or, if no time has been specified, within 30 days of your order being submitted to you (or as otherwise agreed), you may end the contract immediately if:
failure to deliver was caused by us refusing to deliver your goods;
in light of all relevant circumstances, delivery within that time period was essential; or
you told us when ordering the goods that delivery within that time period was essential.
If you do not wish to cancel, or none of the circumstances described above apply, you may specify a new (reasonable) delivery date.
If we fail to meet the new deadline, you may end the contract by email or telephone. The contract shall be deemed to be terminated upon our acknowledgement of receipt unless we have performed the delivery in the meantime.
If you have the right to end the contract as described above, you may instead cancel or reject part of your order provided that separating the goods in your order would not significantly reduce their value.
Any sums that you have already paid for cancelled goods and their delivery will be refunded to you within 14 days.
Please note that if any cancelled goods are delivered to you, you must return them to us or arrange with us for their collection within 14 days from the date of cancellation or delivery (whichever is later). In either case, we will bear the cost of returning the cancelled goods.
6.9. We deliver to Mainland UK with exceptions applying for delivery to the Scottish Highlands, UK islands and Northern Ireland.
7. CANCELLATIONS AND RETURN
Your rights to cancel the contract will depend on what type of product you have bought, whether there is anything wrong with the product and when you decide to end the contract.
To help you understand your rights, we have set out below the circumstances where you can cancel the contract and return the product.
7.1. Your goods are faulty, damaged or incorrect. By law, we must provide products that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any information we have provided to you before you place your order, and that match any samples that you have seen or examined (unless we have made you aware of any differences).
You have certain rights if we deem what you have bought is faulty, damaged or incorrect at the time of delivery. If a product is found to be faulty or damaged at the time of delivery (or collection if applicable) you will have the following options:
A 30 day right to reject the product. In this case the product should be returned to us and a full refund of all monies paid including delivery charges will be made to you as soon as possible, usually within 14 days of rejection being accepted, using the same method as the original payment.
A right to have the product be replaced or repaired. Where a repair or replacement is possible, then we will do so at our discretion. We will provide the repair or replacement within a reasonable time and without significant inconvenience to you. The replacement product might differ from your original purchased products, due to changes in supplier or product specification.
A right to keep the product at a reduced rate or reject and receive a refund. If repair or replacement is not possible or after repair or replacement the product still does not conform, you will have the right to either keep the product at a reduced price or reject the product in which case you will receive a full refund including any delivery charges.
7.2. In the event that any product is faulty, damaged or incorrect then please contact us as soon as possible. Please note that if you are exercising your 30 day right to reject then it will be your responsibility to prove that the product is faulty, damaged or incorrect. Similarly it will be your responsibility to prove that the product is faulty, damaged or incorrect once six months have passed from the date of delivery. If the fault, damage or product is incorrect because of you (i.e. your acts or omissions) then we may still be able to help you but may charge you for our help. We will of course make you aware of any additional charge for such help in advance and will not carry out such help unless you have agreed to the additional charge.
7.3. Protection Plans. Please note that if you have not purchased a Premium Protect, we cannot be held responsible once delivery has taken place for any accidental damage, spillage or staining.
7.4. How to return faulty, defective or incorrect goods. To return the faulty, damaged or incorrect product to us, please contact us via email or telephone. We will be fully responsible for the cost of return of the product and will reimburse you where appropriate.
7.5. Refunds. Refunds for faulty, defective or incorrect products will be issued within 14 days of the day on which we agree you are entitled to a refund and will include all delivery costs paid by you. When calculating refunds, a deduction may be applied to cover usage depending on the length of time the product has been in your possession.
7.6. Exclusions to your right to return faulty, defective or incorrect goods. You will not be eligible to claim under this section if:
we informed you of the fault(s), damage or other problems with the product before you purchased it (and it is because of the same issue that you now wish to return it);
you have purchased the product for an unsuitable purpose that is neither obvious nor made known to us and the problem has resulted from your use of the product for that purpose; or
if the problem is the result of normal wear and tear, misuse or intentional or careless damage.
7.7. Your right to change your mind and return the products. You have the right to cancel the contract for any reason within 14 days where you purchase certain products online (this is often referred to as the “Cooling Off Period”). This means that where you have purchased products exclusively via our Website or Websales (and those products are not of the type described in Section 7.8 below), then you are entitled to change your mind and cancel your contract up to 14 days after delivery of the product (or where you have ordered multiple products which are delivered on different days, up to 14 days after delivery of the last product) .
7.8. Exclusions to your Cooling Off Period. Your right to return or cancel products within the Cooling Off Period does not apply to:
products that are custom made; or
purchases made in-store.
This doesn't affect your statutory rights if products are faulty or not as described (see Sections 7.1 – 7.6 above for more information about this).
7.9. How to notify us that you have changed your mind and wish to cancel the contract. To exercise the right to cancel, you must inform us via email: firstname.lastname@example.org or by telephone: 0161 683 0158 of your decision to cancel your contract by a clear statement. To assist us with the processing of your cancellation please include details of your name, address, details of the order you wish to cancel and, where available, your phone number and email address. Alternatively, you can notify us by using submitting the attached model cancellation form to us by email at email@example.com but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
7.10. Effect of cancellation. If you decide to cancel the contract, we will reimburse to you (by the method used to pay for the original transaction unless you have expressly agreed otherwise) the amount in relation to products to which the cancellation rights apply. This includes the cost of delivery of the product to you except for any supplementary cost arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.
7.11. Deductions to your refund. If you wish to cancel and obtain a full refund, you are obliged to retain possession of the products and take reasonable care of them. We may make a deduction from the reimbursement for loss in value of any product supplied, if the loss is the result of unnecessary handling by you.
7.12. When the refund will be made. We will make the reimbursement (less any deductions as described in Section 7.11 above) without undue delay and no later than 14 days after the day we receive back from you any products supplied or (if earlier) 14 days after the day you provide evidence that you have returned the products.
We may withhold the reimbursement until we have received the products back or you have supplied evidence of having sent back the products, whichever is the earliest.
7.13. How to return the product. You should return the products to us at your cost within 14 days from the day on which you notify us of cancellation.
If you require assistance returning the product to us, we can arrange collection during normal business hours (Monday to Friday). A charge of up to 20% of the price of the product will be made to cover the cost of collecting the product.
7.14. Cancellation of your Contract where we are not at fault and there is no statutory right to change your mind. If you request to cancel your order before it is completed, you will have to contribute towards our costs which we have already incurred by preparing your order. We will refund any money paid for products not provided deducting a reasonable contribution towards the costs already incurred by us.
7.15. Returning products to store. If you are returning a product that you collected from store, you may be able to drop off the product at the store you collected it from. You can discuss your options in more detail with us at the point you decide to return the product.
8. OUR GUARANTEE
8.1. Information about our guarantee. In addition to your statutory rights as a consumer, we provide a 7-year weave and framework guarantee in relation to some of the goods we sell.
Due to the vast range of goods, there are certain goods that our guarantee does not apply to. Please see Section 8.6 for details of the goods to which our guarantee will not apply and please see Section 8.5 for details of damages or issues that our guarantee does not cover.
If you have any questions regarding our guarantee, please contact our team via email or telephone who will be pleased to assist with your query.
8.2. How to claim under a guarantee. If you wish to make a claim under our guarantee, then we may ask for photos accurately detailing the problem. In addition, if we, acting reasonably, consider it necessary to allow us to assess the issue, you will be required to return the goods to us. Please contact us via email: firstname.lastname@example.org or by telephone: 0161 683 0158
Proof of purchase is required at all times for us to honour any guarantee claims. We will only replace the item that is deemed faulty/damaged from your order.
8.3. What happens if I make a claim under the guarantee and the goods to which the guarantee relates are no longer available? Where a guarantee claim has been made and a comparable product is no longer available or discontinued, we reserve the right to offer a credit note of the original sale value.
8.4. Not all works carried out by us in relation to our guarantee are free of charge. Works undertaken during the guarantee period are not necessarily free of charge. When are works not free of charge and if there are charges, Moda Furnishings will notify the customer first and allow the customer to authorise the repairs at a cost to them.
8.5. What damage or issues our guarantee does not cover. Our guarantee does not cover:
any damage or issues caused by fair wear and tear or misuse of the goods (including commercial use of a domestic product);
any damage or issues where the goods have been altered or tampered with by a person that it is not us; and
any damage to goods caused by adverse weather conditions including windy weather. For example, damage to glass tops or parasols.
Our guarantee applies to goods used for domestic use ONLY. Goods used for commercial use, goods that have been shipped outside of the UK mainland, or goods that have been sold on to a third party will not be covered by our guarantee.
8.6. Goods that our 7-year guarantee does not apply to. The bullets below set out details of the goods where the 7-year guarantee does not apply:
Garden Furniture Cushions. Garden Furniture Cushions covers carry a 12-month warranty from the date of delivery instead of the 7-year guarantee
Glass. No glass is covered under our guarantee. Moda Furnishings will only accept guarantee claims with glass where it has been reported as damaged no later than 24 hours after delivery, failure to notify Moda Furnishings will void any guarantee claim.
Gas firepit burner. The gas firepit burner is not covered by our 7-year guarantee but is covered under warranty for 12 months from the date of delivery instead. Parts are readily available for the gas fire pit burner, please contact email@example.com to discuss your requirement and talk to a technician.
Glass wind deflectors, hinges and rubber feet. Glass wind deflectors, hinges and rubber feet are not covered under the 7-year guarantee.
All weather covers. All-weather covers carry a 12-month warranty from the date of your delivery instead of the 7-year guarantee. Please note that all-weather covers may endure some fading when exposed to direct sunlight, colour fading is not covered by warranty.
Furniture feet (plastic and rubber). All our furniture is fitted with plastic/rubber feet these feet are covered for 12 months and not part of the 7-year guarantee. We require images of any worn feet on the furniture. Where it is evident that furniture has been misused and damage has occurred to the feet, we will not be responsible for replacing any parts.
Glass table suckers All tables supplied by us are fitted with rubber suckers to keep the tabletop glass secure, these suckers are not covered under our 7-year guarantee and will naturally fade, and change colour in UV/sunlight over time.
2.7m and 3.5m cantilever parasols. All parasols carry a 12-month warranty from delivery instead of the 7-year guarantee. This warranty will cover defective parts or manufacture failure. In addition, damage to a parasol canopy, such as rips and tears, are covered by the warranty if reported within the 12-month warranty period starting from the date of your delivery. The crank and tilt operation system on an aluminium crank and tilt 3.5m parasol is covered under warranty for 12 months. Damage to parasols including bending and damage from high winds are not covered under our warranty. We recommend that your parasols are used in conjunction with a suitable base, never used in windy conditions and the parasol is secured closed and removed in windy conditions.
Fires, BBQs & Braziers. Any item used for burning any fuel may be liable to discolouration due to heat and this should be expected and does not affect the structural integrity of the product. If discolouration does occur with any product used for burning we advise the use of fire stove paint.
9. OUR RESPONSIBILITY TO YOU FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1. We do not exclude or limit our responsibility to you where it would be unlawful. Nothing in these terms and conditions shall exclude or limit our liability to you where it would be unlawful to do so. This includes for fraud, death or personal injury caused by our negligence.
9.2. We are not responsible for goods outside of the United Kingdom. We do not warrant that our goods for sale on our website or via our telephone ordering system are appropriate or available for use outside the United Kingdom.
9.3. We are not responsible for business loss. We only supply goods for domestic and private use. If you use the goods for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity whatsoever.
9.4. We are not responsible for injury caused by your own acts. If you choose to assist a delivery driver for example by helping lift items off the delivery vehicle then this is done so at your own discretion and we will not be responsible for any injury sustained by you in doing so.
9.5. When we are liable for damage to your property. If we are delivering goods into your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
10. HOW WE USE YOUR PERSONAL INFORMATION (DATA PROTECTION)
11. OTHER IMPORTANT TERMS
11.1. Which country’s laws apply to any disputes and where you can bring proceedings? These terms of sale are governed by the laws of England and Wales. Disputes arising in connection with these terms of sale shall be subject to the exclusive jurisdiction of the courts of English and Wales except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
11.2. You can only transfer these terms of sale if we agree. These terms of sale are personal to you and you must not transfer any of your rights under these terms of sale unless we agree in writing.
11.3. What happens if a terms becomes illegal or unenforceable? If any term within these terms of sale is found by a court to be invalid, the invalidity of that term will not affect the validity of the remaining terms which will continue to apply.
11.4. Nobody else has rights under these terms of sale. These terms of sale are between you and us only. No one else will be entitle to enforce any of term within these terms of sale.
Promotion Terms & Conditions
FREE ELECTRIC HEATER WITH ORDERS OVER £1,000 - AUGUST 2023
The free electric heater is available to purchase separately here - https://www.modafurnishings.co.uk/electric-heater-grey-lampshade
The free electric heater will be automatically added to the basket when the basket total reaches £1,000 (including discount codes and excluding delivery charges or admin fees). This promotion is limited until promotion stock lasts, or until the promotion ends at 23:59 on 22nd August 2023.
There is a limit of one free heater per household address/postcode. Any subsequent orders placed will have the free heater removed from the order.
Giomani Designs Limited reserves the right to change the free product to a similar item of the same value to fulfil the sale if the free product is out of stock. If the qualifying order is returned, then the free item must also be returned or the full value of the free item will be deducted from your refund.
The offer cannot be used in conjunction with any other discount code and should be used as one order per household. The offer cannot be applied retrospectively. The information, services, prices and products provided on and throughout this website are subject to change without notice. In the event of a genuine website error or inaccuracy, we reserve the right to withdraw an offer immediately. The offer and discount is not exchangeable for cash and is non-transferable. This does not affect your statutory rights.