Terms & Conditions | Modern Furniture Direct

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All orders are subject to our full terms and conditions of sale detailed below. Your statutory rights as a consumer are not affected. These terms and conditions apply to all purchases from Modernfurnituredirect.co.uk. Please read them carefully. We may occasionally amend these terms and conditions and changes will be posted on the Modernfurnituredirect.co.uk site. When you buy something from the Modernfurnituredirect.co.uk site you warrant to us that you are resident in the UK, that you are accessing Modernfurnituredirect.co.uk from the UK that you are at least 18 years old and legally capable of entering into binding contracts and that furniture/accessories you purchase from Modernfurnituredirect.co.uk are for domestic use and that you accept the terms and conditions described here. Definitions Modernfurnituredirect.co.uk (“Modern Furniture Direct”, “we”, or “us”) "Buyer" means the person who buys or agrees to buy the goods from Modernfurnituredirect.co.uk. "Conditions" means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by Modernfurnituredirect.co.uk. "Delivery date" means the date specified by Modernfurnituredirect.co.uk when the goods are to be delivered. "Goods" means those goods specified. "Consumer" shall have the meaning ascribed in section 12 Unfair Contract Terms 1977 Act.

Making an order

You place an order on the website by selecting an item and following the instructions. Please note that we do not deliver the following postcodes BT, AB, GY, HS, IM, IV, JE, KW, LD, ZE, PA, PH. You will have an opportunity to check and correct any input error in your order up until you click the Submit Order button. After you have submitted your order you will receive an order acknowledgement e-mail from us. Please note that this e-mail is an acknowledgement and not acceptance of your order. If you are paying by credit card, we will authorize your debit or credit card payment. If you are paying by cheque, we will deposit your cheque on the first working day after we receive it. Once payment has been authorised, or your cheque has cleared, and we have determined the availability of stock we will arrange delivery of the goods to you. Acceptance of your order and the creation of a legally binding contract between us will only occur when we send you a second e-mail which contains the details of when your goods will be delivered to you. We reserve the right to decline all or part of any order for any reason we see fit and should this occur we will e-mail you with the details. It is recommended that you retain all e-mails relating to your order and contract.

All items are subject to availability Prices and Payment

The prices for any goods will be as quoted on Modernfurnituredirect.co.uk, except in the case of obvious errors. These prices include VAT and delivery costs to England and Wales, unless these are otherwise itemised. For delivery to Scotland unless otherwise stated a quote is required from Modernfurnituredirect.co.uk (please contact us on 0845 680 0483) Saturday delivery is at an additional cost please contact us for a quote. Because of circumstances beyond our control we may have to adjust the price of any item before dispatch. We will however give you the opportunity to cancel your order if we change an item's price after confirmation but before dispatch. Title in the goods shall not pass to the Buyer until Modernfurnituredirect.co.uk has received in cash or cleared funds payment in full.

The products

The nature and description of the products is as described in the Modernfurnituredirect.co.uk online catalogue. The furniture and accessories sold via Modernfurnituredirect.co.uk is suitable for domestic use. Modernfurnituredirect.co.uk reserves the right to make any changes in the specification of the products which do not materially affect their quality or performance. Images, plans, photographs and specifications are presented in good faith but are for illustrative purpose only, and may not exactly match the product itself. Any typographical or clerical or other error or omission in any sales literature, quotation, price list acceptance of offer, invoice or other document or information issued by Modernfurnituredirect.co.uk shall be subject to correction without any liability on the part of Modernfurnituredirect.co.uk.

Liability

Our liability in connection with any product purchased through our Site is strictly limited to the purchase price of such product. We will not be liable to you for any indirect or consequential loss or damage arising out of any problem you notify to us and will have no liability to you for any failure or delay in delivering goods or any damage or defect in goods delivered which is caused by any event or circumstance which is beyond our reasonable control. Your statutory rights are not affected. Cancellations, refunds and returns You may cancel your order at any point before dispatch or you may return any goods* purchased within 14 days of receipt. In the event of cancellation you must return any goods already dispatched to you in accordance with our returns procedure detailed in our customer information section. Any money which you have paid will be refunded in full, less the delivery, collection and packing charges (as shown below) incurred by us within 30 days provided that Modernfurnituredirect.co.uk receives the goods in the same condition they were in at the time of delivery to you. Packaging charges will be chargeable per pack, box or carton as follows: Small items (Post - eg Clocks) £7.95 Medium items (Courier - eg Cubes) £12.95 Large items (Courier - eg Furniture / sofas & suites) £25.00 The costs mentioned above are purely to assist in recovering our own packaging and transport costs etc. Any claim regarding damaged or defective goods must be made within three working days of receipt. Please ensure you check all goods carefully before signing for them. We cannot be responsible for replacing damaged goods if the courier is not advised of the damage on receipt. If Modernfurnituredirect.co.uk does not have sufficient stock to be able to deliver the goods ordered by the Buyer within the defined timescale then any sum paid by the Buyer will be refunded and Modernfurnituredirect.co.uk will notify you at the address given by you in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered. All refunds will be made according to the method of payment.

Special orders

Please note we cannot accept return of non stock items made to customer’s specific requirements - such as upholstered items. Your statutory rights are not affected. Delivery indication of delivery times are stated on each product listing. In stock items are shipped within 24-72 hours. If an item is not in stock it must be allowed 6-8 weeks for delivery, you will be notified of this in the email that is sent to confirm your order. We will Endeavour to fulfil your order by the date set out in the e-mail by which we confirmed your order. Where this e-mail did not contain such a date we shall endeavour to fulfil your order within the time-scales advertised on the individual products on your order. All purchases must make allowance of 21 days from date of dispatch for our carriers to fulfil the final delivery to your home. We will deliver the goods you have ordered to the address you provide us for delivery at the time you place your order. Deliveries are usually conducted in weekdays. Weekend deliveries require a separate quote please contact ModernFurnitureDirect.co.uk on 0121 227 5043 if this is required. We can only deliver to addresses within mainland UK. We cannot deliver to the Channel Islands, Isle of Wight, Isle of Man, Scottish Islands, Northern Ireland or the Republic of Ireland. We aim to deliver your furniture within the time quoted on our website when you place your order. If circumstances change, we will contact you. If, however, it is delayed due to circumstances beyond our control, then we cannot accept any liability for consequential loss. Delivery times quoted on the website are for delivery to postcodes which fall within our normal delivery areas. Should your postcode fall outside our normal delivery area, delivery times may vary. We will inform you of this when confirming acceptance of your order. All deliveries are signed for. If you are out when our delivery team arrives, they will leave a card with a contact number for you to call them and arrange delivery at a future date. Please note that failed deliveries will incur a re-delivery charge of £40 per attempt. If you choose not to have the item re-delivered the £40 charge will be subtracted from the refund amount (other charges may apply). Risk of damage to or loss of the goods shall pass to the Buyer upon delivery The Buyer agrees to pay for any loss or extra cost incurred by through the Buyers instructions or lack of instructions or through failure or delay in taking delivery.

Taking delivery

Please ensure you check all goods carefully before signing for them. We cannot be held responsible for replacing damaged goods if the courier is not advised of the damage on receipt. ANY DAMAGE MUST BE REPORTED TO THE DELIVERY DRIVER ON DELIVERY AND REPORTED TO MODERNFURNITUREDIRECT.CO.UK ON THE DAY OF DELIVERY OR CLAIMS FOR DAMAGE CANNOT BE ACCEPTED. Before placing an order, please check that the items of furniture will fit through any passages, stairwells, landings and doorways on the way to the destination room. As part of the checkout process, you will be requested to confirm that you have checked access thoroughly. Should you have any concerns over access, then please note them on the comments box on the order or contact us by e-mail or on 0121 227 5043 9am – 5pm Monday to Friday. We offer a “to the curb” delivery service. However our drivers will help to place items in your property but are not insured to climb stairs in flats with heavy items. Please consider this when purchasing. Please note our drivers are not obliged to carry or help carry items into your home.

Cancellation by Us

We reserve the right not to accept any order request if: we have insufficient stock to deliver the goods you have ordered; we do not deliver to your area; one or more of the goods ordered was incorrectly described or priced on the website; the payment transaction is not authorized. If we do cancel your contract we will notify you by e-mail and will refund to you any sum paid by you to us in respect of the contract as soon as possible, and in any event within 30 days of the cancellation of your order. We will not be obliged to offer any additional compensation for disappointment suffered. Insolvency of buyer in the event of the buyer becoming insolvent, going into liquidation, becoming subject to an administration order, making voluntary arrangement with its creditors or becomes bankrupt or gives reasonable grounds for causing ModernFurnitureDirect.co.uk to apprehend that any of the events mentioned is about to occur, ModernFurnitureDirect.co.uk shall be entitled to cancel the contract or suspend any further deliveries under the contract without any liability to the Buyer, and if the Products have been delivered but not paid for the Price shall become immediately due and payable that despite any previous arrangement or agreement to the contrary. Invalidity If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms and conditions will not be affected. Data Protection and Privacy Information you provide to us remains confidential. We are committed to protecting your privacy. We will only use the information that we collect about you lawfully and in accordance with the Data Protection Act 1998. We collect information about you for two reasons: firstly, to process your order and, secondly, to provide you with the best possible service. You specifically authorise us to transmit information to or to obtain information about you from third parties (including, but not limited to, your debit or credit card number), to authenticate your identity, to validate your debit or credit card and to authorise the transaction. You acknowledge that you consent to the processing of such information. ModernFurnitureDirect.co.uk shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to Act of God, strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the ModernFurnitureDirect.co.uk premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.

Representations

No statement, description, warranty condition or recommendation contained in any catalogue, price list or advertisement or communication or made verbally by any of the Agents or Employees of the Seller shall be construed to enlarge, vary or override in any way thereof any of these conditions.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law and you hereby agree to be subject to the jurisdiction of the Courts of England and Wales. All contracts are concluded in English. DISCLAIMER ModernFurnitureDirect.co.uk is offering these products on an “as is” basis and makes no representations or warranties of any kind, whether express or implied, in relation to our adverts, or their contents and disclaims all such representations and warranties. In addition, ModernFurnitureDirect.co.uk makes no representations or warranties about the accuracy, completeness, or suitability for any purpose of the information on this Website. The information contained in this Website may contain technical inaccuracies or typographical errors. All liability of ModernFurnitureDirect.co.uk howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law. Neither ModernFurnitureDirect.co.uk nor any of its directors, employees or other representatives will be liable for loss or damage arising out of or in connection with the use of our company. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. ModernFurnitureDirect.co.uk accepts no liability for any information or content contained in external third party websites or shops. Notwithstanding the a foregoing, none of these exclusions and limitations are intended to limit any rights you may have as a consumer under local or other statutory rights which may not be excluded nor in any way to exclude or limit our liability to you for death or personal injury resulting from our negligence or that of employees and/or agents.