TERMS AND CONDITIONS OF SALE
These Terms and Conditions of Sale are our terms upon which we supply to you any of the items listed on our website www.moochimodo.com (our site).
Please read these terms and conditions carefully, prior to ordering any items through our website. By placing an order, you are agreeing to these terms and conditions. If you do not agree to these terms and conditions you should not order any item through our site.
1. ORDERING PRODUCTS
1.1 You can place orders for items with us by following the process set out on our site. You acknowledge that by placing an order with us you will be under an obligation to pay for the Products in that order.
1.2 The order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order before committing to it.
1.3 All orders are subject to acceptance by us. We will send you an email to confirm acceptance. The contract between you and Moochi Modo will only be made when we send you this email to confirm acceptance. We will charge your chosen payment method after we accept your order. We will send a further email when your order has been dispatched.
1.4 Please note that unfortunately we cannot stop an order once it has been dispatched by us. If you change your mind about your order after this point you can return the Products to us in accordance with the returns policy set out below at Clause 8.
1.5 Before ordering from us, it is your responsibility to check and determine that you are fully able to receive the Products ordered. In the case of furniture orders, please ensure that all such items ordered can pass freely into the room/area of final destination of choice within your property, that they fit in that position, can be transported through the door of your flat or room, stairs and doorways, and there are no other issues that could make delivery more complicated or impossible.
1.6 Certain Products on our website are excluded from cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000. Where any item on our website is made to your specifications or personalized, then you will not have the right to cancel the contract by giving notice of cancellation. Examples of such Products are those where the colour, materials or textiles are selected by you from a list and where, following the placing of your order, we have processed the order.
1.7 You must keep the contact details we hold for you up-to-date so that we can contact you if necessary about your order or the delivery of the Products.
2.1 All orders for Products are subject to the availability of those Products and the materials for making the Products. We will inform you as soon as possible after placing an order if, for any reason, the Products you have ordered are not available or are subject to any delay.
2.2 If we are unable to supply you with a Product, for example, because the manufacturer is out of stock or because of an error in the price (see clause 4.5 below) we will inform you of this by email and we will not process your order. If you have already paid for the Product we will refund you the full amount as soon as possible.
3. IMAGES AND SIZING OF PRODUCTS
3.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer will display the colours accurately or reflect the colour of the Products. The Products that are delivered to you may vary slightly from those images.
3.2 Although we have made every effort to be as accurate as possible, the measurements indicated including weights, dimensions and capacities shown on our site are approximate only.
4. PRICES OF PRODUCTS
4.1 The price of any Product will be as quoted on our site, except in cases of obvious error.
4.2 The price of any Product may change from time to time, but changes will not affect any order we have accepted.
4.3 The price of a Product includes VAT (where it applies) but excludes delivery costs, which will be added to the total amount due. To see the relevant delivery charges for a product, please refer to our delivery page.
4.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an order acceptance, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.
5. HOW TO PAY
5.1 We accept payment with the payment methods listed on our site. You must pay for the Products and any applicable delivery charges in advance.
5.2 By submitting an order to us through our site, you are confirming that the payment details provided on your order are valid and correct.
6.1 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates.
6.2 Please note that we only deliver to addresses in the United Kingdom and Ireland.
6.3 Your estimated delivery date will be as set out in a dispatch confirmation sent by email. Although we will make every reasonable effort to ensure your Products are delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partner. If we are unable to meet the estimated delivery date, we will contact you with a revised estimated delivery date.
6.4 All items leave Moochi Modo in good condition and with sufficient packaging to assist safe transit. Goods must be checked for damage before the carriers delivery note is signed, as neither ourselves or the carrier will accept any liability for damage unless notified to the carrier at the time of delivery.
7. RISK AND TITLE
7.1 Ownership of the Products will pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
7.2 The Products will be your responsibility from the time of delivery.
8. CANCELLATION, RETURNS AND REFUND POLICY
Right to cancel
8.1 You have a legal right under Regulation 10 of the Consumer Protection (Distance Selling) Regulations 2000 to cancel any order placed on our website. The cancellation period begins on the day in which the contract is concluded and ends seven working days beginning on the day after the delivery of the goods. Certain Products are excluded from the right of cancellation as set out in paragraph 1.6 above.
References in these Terms and Conditions to any right to cancel will exclude those Products which have been personalised to your specification in accordance with paragraph 1.6
8.2 The cancellation period (where it applies to the Product) will expire sevendays from the date you or a third party acting on your behalf takes physical possession of the Product you ordered. Where you order multiple Products in one order or a Product is delivered in separate parts, lots or pieces, the cancellation period will expire seven days from the date you or a third party acting on your behalf (excluding the company that delivers the Product to you) takes physical possession of the last Product, part, lot or piece that makes up your order.
8.3 To exercise the right to cancel, you must inform us of your decision to cancel your contract with us by making a clear statement (e.g. a letter sent by post or email). The easiest way to do this is to contact our Customer Services by telephone – 01263 711180.
8.4 To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of your right to cancel before the cancellation period has expired.
Effects of cancellation
8.5 If you cancel your contract with us, we will reimburse you all payments received from you, including the cost of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
8.6 We will make the reimbursement without undue delay, and not later than 14 days after the day we receive back from you any Products supplied.
8.7 We will make the reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
8.8 You are only liable for any diminished value of the Products resulting from the unfair/unreasonable wear and tear of the Products, which is not necessary to establish the nature, characteristics and functioning of the Products. We may make a deduction from any reimbursement (you are entitled to from us) for such loss in value of any Products we supply.
Faulty or mis-described goods
8.9 If you are returning the Products to us because they are faulty or mis-described, we will refund: the price of the Product in full; any applicable delivery charges, and any reasonable costs you incur in returning the item to us. As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause or these terms and conditions of sale.
8.10 Unless the Products are faulty or were not delivered as described you will be responsible for the cost of returning the Products to us including the cost of us collecting the Products from you. Please see our returns page for more detailed collection pricing.
8.11 You must take care when opening packaging that the Products were delivered in and carefully re-pack the Products in the original (or similar) packaging prior to returning the Products to us.
8.12 Details of your right to cancel and an explanation of how to cancel the Contract are provided in the email accepting your order.
9. SALES PROMOTIONS
9.1 From time to time, we may run sales promotions or offer other incentives (“Promotions”) to purchase particular Products from us.
9.2 The length of time the Promotion runs for, the conditions for qualifying for the Promotion and the Products which will be subject to the Promotion will be set at our discretion.
9.3 Where different terms and conditions (from these Terms and Conditions of Sale) apply to the Promotion we will make them available to you before you purchase any Product which is subject to the Promotion.
10. YOUR INFORMATION
11. OUR LIABILITY TO YOU
11.1 We are under a legal duty to supply Products that are in conformity with our contract with you.
11.2 Our Products are designed for residential use and we do not make any guarantees or warranties about their performance in a commercial environment.
11.3 The maximum loss or damage we will be responsible for under is limited to the price you have paid us for the Product to which the loss or damage you suffer relates.
11.4 We do not in any way exclude or limit our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); (d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and (e) defective products under the Consumer Protection Act 1987.
11.5 This does not affect your statutory rights. Advice about your statutory rights is available from your local Citizens' Advice Bureau or Trading Standards office.
12. RESOLVING DISPUTES
12.1 If you have a dispute with us relating to our contract with you, in the first instance please contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. You can also write to us at: Complaints Department, 6 Old Stable Yard, Holt, NR25 6BN.
12.2 In the unlikely event that we are not able to resolve the dispute informally, we will discuss with you the most effective way of resolving the dispute using mediation or arbitration based on the nature of the dispute.
13. EACH OF THESE TERMS OPERATES INDEPENDENTLY
13.1 Each of the paragraphs of these terms and conditions operates separately. If any court or any other relevant authority decides that any of these paragraphs are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14. ENTIRE AGREEMENT
14.1 These Terms and Conditions of Sale setting out the written terms of our contract with you for the purchase of the Products. If part of these Terms and Conditions of Sale cannot be enforced then the remainder of these Terms and Conditions of Sale will still apply to our relationship.
15. UPDATING THESES TERMS AND CONDITIONS
15.1 We may modify or update these terms and conditions from time to time for reasons including: (a) changes in how our business operates; (b) changes in the legal or regulatory requirements that we must comply with; or (c) changes in how we accept payment from you.
15.2 Every time you order Products from us, the terms and conditions in force and available on our site at the time will apply to the Contract between us.
16. RIGHTS OF THIRD PARTIES
16.1 Any Contract made between you and us is only made between you and us. No third party will have any rights to enforce any of its terms.
17. TRANSFER OF OUR RIGHTS
17.1 We may transfer our rights and obligations under our contract with you to another organisation, and we will do our best to notify you if this happens, but this will not affect your rights or our obligations under the contract.
18. LAW AND JURISDICTION
18.1 These terms and conditions are governed by English law. This means that a Contract for the purchase of Products made through our site and any dispute or claim arising out of or in connection with it will be governed by English law.
19. CONTACTING YOU
19.1 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
20. CONTACT US
If you have any queries about these terms, please send us an email at email@example.com or contact us on the phone: 01263 711160 (Tues – Fri: 10. am – 5 pm). We’ll be here to help.
20. COLOUR REPRODUCTION
Although every care has been taken to accurately recreate the colours of products on this website we cannot guarantee that they will not differ from reality.
Last Updated: 8th January 2016