Terms Of Sale
These terms and conditions do not affect your statutory rights as a consumer. The consumer’s statutory rights are not excluded or limited in any way in accordance with the Sale of Goods Act 1979 (as amended).
These terms and conditions may be changed at any time and will be posted online. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website i.e. certain product warranties.
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. 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.
Products supplied may differ as a consequence from those on display or advertised. Unless agreed with you, the products supplied will be of equivalent value, functionality and appearance.
2.0: ORDERING FROM US
You are deemed to have placed an order with us by ordering via our online checkout process or via telephone ordering system. As part of our checkout process you will be given the opportunity to check your order and to correct any errors prior to confirming the order. Once completed, we will send you an order acknowledgement detailing the products you have ordered and the pricing to the e-mail address provided during the ordering process. The order is only accepted by Moda Furnishings Limited upon dispatch of the ordered goods and confirmed via a dispatch confirmation e-mail even if your payment has been processed immediately. Payment for goods dispatched over 21 days following order will be taken 7 days prior to dispatch i.e. Moda Furnishings can take up to 8 working days for delivery and so payment will be taken to complete the order process. We will notify you by phone or e-mail if we cannot accept your order or if you cancel the order prior to dispatch.
2.1: We may refuse to accept an order:
a) Where goods are not available
b) Where we cannot obtain authorization for your payment
c) If there has been a pricing or description error
d) If you do not meet any eligibility criteria set out in our terms and conditions
e) If you refuse to provide requested proof of identity where it is required to confirm your
address / payment meathod.
3.1: Where we charge separately for shipping, the appropriate rates are set out in our pricing structure shown on our website.
3.2: Should an incorrect price be displayed, Moda Furnishings Ltd reserves the right to refuse orders as set out in ‘Ordering From Us’ (above).
3.3: All prices quoted by the Company are only valid at the time of contract and are exclusive of any other matters unless otherwise agreed and may be changed at any time.
3.4: The Company reserves the right to revise the quoted price in the event of unforeseen and extraordinary expenses for the Company appertaining the goods
3.5: 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
3.6: Pro-Forma Invoices are valid for 30 days from the date stated on the invoice. And if cost prices change, that invoice may become invalid
4.1: Delivery is deemed to be successful once the products have arrived at the address provided for delivery.
4.2: Signatures are not necessarily required as proof of delivery
4.3: If a signature is required you should check the number of cartons and condition of the inspected contents before signing. Should there be any shortages or damages, these must be notified to Moda Furnishings Ltd by e-mail – email@example.com within 1 working day of delivery.
4.4: Other products may be left at the recipients address without a signature except where the customer has specified that it must not be left in their absence. If this option is requested, and goods are left unsupervised Moda Furnishings Ltd will not accept liability for the goods.
4.5: Once delivered the responsibility for the product is deemed to be the cardholder’s and any loss or damage to the product is then at your own risk. This is particularly notable when deliveries are made to public/work places such as hospitals, hotels etc where the signature of any authorised body is deemed to be proof of delivery
4.6: The Free delivery offer is available to the vast majority of the UK (exceptions may apply for delivery to the Scottish Highlands, UK islands and Northern Ireland) however if a delivery will attract an additional shipping fee then we will contact you first in order to confirm that you still wish to continue the order. Any additional fees due will be charged at cost.
4.7: The company will not accept any liability for late delivery of the goods and delivery time will not be of the essence of the contract.
4.8: The Company will not accept liability for non-delivery, where this is caused by circumstances beyond its control.
4.9: In the case of a delivery being refused or aborted at the delivery address, we reserve the right to charge for a second delivery as our delivery obligation only stands for the first delivery attempt.
4.10: Garden furniture & garden structures with failed pre-booked deliveries will be quoted for re-delivery and will usually be around £55 / package or pallet. A delivery date will be booked in to allow time to accept the delivery.
4.11: Please note, all garden furniture deliveries are kerbside only unless our Platinum delivery service has been purchased. At the sole discretion of the driver they may help carry/move the set around the house to the designated area. Transporting furniture sets to the rear of the house will not be classed as part of the contract and will be a separate verbal contract formed by the delivery person and the customer. Following on from this, certain products are delivered on a free pallet with packing to protect. It is the customer’s responsibility to dispose of this 'packaging' and not that of Moda Furnishings Ltd.
4.12: In all case, we strive to deliver goods within 8 working days from date of order. If it is apparent at time of order the delivery period will take longer than 10 days, we will advise the customer before accepting and completing the order processing.
5.0 REFUSAL OF DELIVERY
If you refuse delivery of an order you will be subject to a return delivery fee deemed reasonable in accordance with the order. These fees will be deducted from the refund amount which shall be issued once the goods are received back in our warehouse and fully inspected.
6.0: CANCELLATION, RETURNS POLICY
We aim to offer a no hassle returns policy however our cancellation and return policy varies slightly between our many varied product ranges as set out below:
6.1: General Cancellation and Returns Information:
These general terms and conditions apply to all purchases from Moda Furnishings Ltd website & Telephone sales unless specifically expressed in the product specific return as laid out below
6.2: If you wish to cancel your order please e-mail your details and order reference to firstname.lastname@example.org or call 0161-683-0158. Any order cancellation must be confirmed by email prior to despatch and once despatched the returns policy is as set out below in for the various product categories.
6.3: So as to comply with the UK Consumer Contracts Regulations, all orders (except custom made products i.e. Bespoke Concrete Firepits) have a ‘14 Day Cooling Off Period’. The cardholder is liable for all return shipping costs under this right, please contact our team for advice if you wish to exercise this right.
6.4: Unless confirmed in writing from Moda Furnishings Ltd, all orders must be paid for before delivery. In the event of a custom made item being ordered, this must be paid for in full prior to delivery. Samples may be requested and will be provided at the discretion of Moda Furnishings Ltd. Any shortage of payment will result in the products not being dispatched and Moda Furnishings Ltd reserves the right to charge associated costs incurred in time, carriage (including aborted deliveries), and for the custom made product ordered.
6.4: In addition, all returned / exchanged products including the boxes, (Unless Platinum Delivery was purchased) must be in their ORIGINAL CONDITION i.e. NOT WORN, ALTERED or WASHED, and they must be in their ORIGINAL PACKAGING. N.B. - DO NOT TAPE UP, OR WRITE ON BOXES. Any damage to goods / boxes, or sign of use may result in a reduced refund to the customer. Goods must also be suitably packaged. Customers are advised to obtain and complete a 'certificate of postage' form stamped by the Royal Mail before returning item. Responsibility of the goods remains that of the customer until safely received by Moda Furnishings Ltd and Moda Furnishings Ltd accepts no liability for goods lost or damaged in transit back to our warehouse.
6.5: Should an item arrive damaged, the customer must inform Moda Furnishings Ltd in writing within 1 working day of receipt. Moda Furnishings Ltd will then advise if the customer if they are to return the goods for exchange (in which case we will advise the most efficient transit method for return and the appropriate cost we will reimburse) or if we are to arrange an exchange via our courier Or transports team. All damages / defects must be reported within 1 working day from the date of delivery.
7.0 CANCELLATIONS AND RETURN
7.1 If you are a UK/EU consumer, you have the legal right, under the Consumer Protection (Distance Selling) Regulations 2000 to cancel your order within seven working days following the receipt of your order. By law, Moda Furnishings Ltd will process your refund as soon as possible and within 30 days at the latest in accordance with your legal rights.
If you wish to cancel a product you have ordered from us, please be aware of the following scenarios and the terms that apply:
7.2 I want to cancel the order prior to dispatch: by law you are permitted to cancel your order prior to dispatch but please contact Moda Furnishings Ltd as soon as possible so that we can minimize the overheads and inconvenience of any costs incurred. This should be by telephone and confirmed with an email.
7.3 I want to cancel a custom-made order: Unfortunately, by nature of the product being made to your specified requirements and tastes, we cannot offer refunds on these items.
7.4 I want to return damaged or incorrectly supplied products: If the products you receive are damaged or incorrectly supplied on delivery, you should notify Moda Furnishings Ltd within 24 hours so that we can organise collection and send out to you replacement without charge to you. We do not make exceptions for instances when the goods have not been opened and/or checked by the customer within the allocated time.
7.5 I have changed my mind on products I’ve received: If you wish to cancel products that are not damaged or incorrectly supplied, then you must inform us within seven working days following the date of receipt in accordance with the Distance Selling Regulations., You should be advised that Moda Furnishings Ltd cannot accept responsibility or cost for the organisation, collection and return of products. You are required to take reasonable care of the products and not use them while you organise return delivery. See Customer organised returns.
8.0 CUSTOMER ORGANISED RETURNS
8.1 If you have changed your mind and wish to return any products to us, please be advised that you have a statutory duty to take reasonable care of the products that you are returning. We reserve the right to bring action against you in the event you breach this statutory duty. This will be reviewed on a case by case basis but examples include:
8.2 Returned products are damaged in transit: If products on return are lost or damaged in transit, we reserve the right to seek direct costs from you.
8.3 Returned products are not suitable for resale: On receipt of the returned goods, Moda Furnishings Ltd will inspect and assess the suitability of products for re-sale and reserves the right to seek payment for the direct cost should you have been negligent in your duty to care.
Please note, Moda Furnishings Ltd will not be responsible for any loss or damage to them in transit and, for this reason, we recommend that you use a recorded delivery service and with appropriate insurance.
9.0: PRODUCT SPECIFIC RETURN INFORMATION
9.1: Furniture and garden structures
Any returns of garden furniture or garden structures due to defects or damages must be notified within 24 hours following from delivery. The damaged items will be replaced within a reasonable period of time and at no cost to the customer. We will require photographic evidence of the damage / defect before any replacement / collection can be instigated.
A customer can exercise their right to return the product under the 14 day return procedure Moda Furnishings Ltd will provide an address for the goods to be returned to, but the customer needs to arrange their own transport for the goods. Typically with furniture and Garden Furniture the return cost could be £60-£120, but this is a guide only and will vary depending on the nature and location of the goods. Upon receipt, the goods will checked and if not damaged, a full refund will be processed. Should there be any damage to the returned goods, Moda Furnishings Ltd will contact the customer and provide images to confirm the damage and provide an indication of the repair cost before processing a partial refund. Moda Furnishings Ltd may be able to arrange collection of the goods, the cost of which will be debited from the original amount paid prior to any refund and will be quoted at cost including VAT.
All returned garden furniture items must be suitably packaged in their original packaging and if delivered on a pallet, must be collected on the same size pallet.
Rattan Garden Furniture Note:
All our rattan garden furniture has been carefully hand woven and is crafted from synthetic all weather rattan weave. As the material is synthetic, woven table tops may move during hot weather which is due to the natural expansion of the material and is perfectly normal. As is cools down the weave will return back to the original taught finish. This is not a defect of the product and will happen with all brands of rattan garden furniture.
9.2: 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 for touching up to keep the 'as new' look.
Please contact our customer service team who will assist in these instances
Due to the vast range of products Moda Furnishings Ltd supplies there are varying warranties applied to different product ranges as set out below, and in all cases we reserve the right to request photo's accurately detailing the problem if deemed appropriate by Moda Furnishings Ltd
10.1: All warranties and assistance provided by Moda Furnishings Ltd is done so in addition to your statutory rights.
10.2: Works undertaken during this warranty / guarantee period are not necessarily free of charge and will be subject to the following limitations:
a) If the problem is deemed by Moda Furnishings Ltd to be due to wear and tear or misuse (including commercial use of a domestic product) rather than a manufacturing fault, then charges may be made for rectification. Should there be any claim against this from the customer in this regard then their issue should be taken up with the manufacturer directly and not Moda Furnishings Ltd
b) Many products come with a warranty registration card upon delivery, This must be completed and registered with the manufacturer for any warranty to be valid.
c) Should the Moda Furnishings Ltd conclude that the repair is the customers responsibility, the customer will in no way hold Moda Furnishings Ltd responsible. Where a customer has a guarantee / warranty issue we will endeavour to assist wherever practically possible.
d) Moda Furnishings Ltd must be allowed the opportunity to view the goods and alleged fault by photographic evidence or returning the product, as appropriate.
e) Moda Furnishings Ltd accepts no responsibility or liability for products damaged in adverse weather conditions including windy weather, this includes Glass tops and Parasols.
10.3: Garden Furniture Cushions
All cushions for garden furniture sets should be stored indoors when not in use unless expressly specified that the cushions themselves can be left outside. Even when covers are used to protect garden furniture the cushions must still be stored indoors. Moda Furnishings Ltd will not accept ANY liability for customers cushions damaged due to not adhering to the above conditions.
No glass is covered under warranty, Moda Furnishings Ltd will only accept warranty 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 warranty claim.
You are permitted to print and download extracts from this Website for your own use on the following basis:
a) No documents or related graphics on this Website are modified in any way;
b) No graphics on this Website are used separately from accompanying text.
11.1: Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by Moda Furnishings Ltd. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with that stated above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website. No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.
12.0: SERVICE ACCESS
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
13.0: LINKS TO AND FROM OTHER WEBSITES
Links to and from this website are provided solely for your convenience. If you use these links, you leave this website and so Moda Furnishings Ltd accepts no responsibility. We have not reviewed all of these third part websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, this Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the https://www.modafurnishings.co.uk logo
(b) You do not create a frame or any other browser or border environment around this Website
(c) You do not in any way imply that we are endorsing any products or services
(d) You do not misrepresent your relationship with us nor present any other false information about us
(e) You do not otherwise use any https://www.modafurnishings.co.uk trade marks displayed on this Website without our express written permission
(f) You do not link from a website that is not owned by you
(g) Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
13.1: We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate. You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of this link liability clause.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
With regards to the use of products obtained via Moda Furnishings website https://www.modafurnishings.co.uk all products should be used and operated as specified in the accompanying instructions and advice.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website. In addition, any assistance given to the delivery driver i.e. helping lift items off the lorry, is done so at the customers discretion, Moda Furnishings Ltd accepts no responsibility for any injury sustained.
15.1: Nothing in these terms and conditions shall exclude or limit our liability for
(i) Death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977)
(iii) Misrepresentation as to a fundamental matter
(iv) Any liability which cannot be excluded or limited under applicable law.
15.2: If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
16.0: GOVERNING LAW AND JURISDICTION
16.1: These terms and conditions shall be governed by and construed in accordance with the lawns of England and Wales. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
16.2: We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions. If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect. Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.