When placing an order on www.ModandComfy.com you agree to the terms and conditions as detailed below.
- 1.1. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
- 1.2 The Buyer may cancel a placed order before shipment is processed contact us. Cancellations made before the shipment is sent out are refunded in full.
2. Price and payment
- 2.1. The price of the Goods is inclusive of VAT as displayed on the website and as the Buyer has finalised their choice to order goods. The total price, including VAT, will be displayed and confirmed upon checkout before the order is finalised.
- 2.2. Payment of the price plus any applicable VAT charges must be made in full before order is processed.
- 2.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price)
- 2.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier’s prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be notified.
- 2.5. In the event a product is listed at an incorrect price, the supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
- 2.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
- 2.7. All order transactions are made in Euro (€), this includes all discounts and refunds. Actual exchange rates for your local currency may vary between days of transaction.
- 2.8. It must be noted that any additional charges incurred by the customer transferring, or receiving, money from the Supplier should expect to pay for them and do not fall under the responsibility of the Supplier.
3. Supplier’s rights
- 3.1. The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
- 3.2. The Supplier reserves the right to refuse any order without liability.
- 3.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
- 3.4. Where any payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the production of any Goods until full cleared payment is received by the Supplier.
- 4.1. The Supplier will use all reasonable endeavours to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third party carrier, but time shall not be of the essence. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date. The status of your delivery will be updated on your personal account. In order to avoid our automated response messages being filtered as spam, we will not send notifications with the latest updates. This information is made available in your account and so you are advised to log in to your account to access any updated information.
- 4.2 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address.
- 4.3. It is the Buyer’s responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Supplier by email to sales@ModandComfy.com on the day it collects the Goods or receives them from the third party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write ‘Collected Damaged’. It is also the Buyer’s responsibility to examine whether the Buyer has received the correct Goods immediately upon collection.
- 4.4. Buyers must take care when opening packaging. The Supplier cannot be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn.
- 4.5. The Supplier is not responsible for delays due to strikes or inconvenience from the supplier if the product does not arrive within our estimated time frame.
5. Defective goods
- 5.1. It is every Buyer’s duty to fully inspect Goods.
- 5.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier.
- 5.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective, then the Buyer must contact us within 14 days of the date of collection by the Buyer. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
- 5.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier’s and the Buyer wishes to make a claim of defect or damage, then:
- 5.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer’s complaint.
- 5.4.2 The Buyer must supply the requested information and images in order for the Supplier to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions when they contact us.
- 5.4.3. Where any fault lies with the Supplier, in view of the Goods sold, a claim will normally be dealt with as soon as the Supplier is able. A claim will be compensated for at the Supplier’s discretion. We reserve the right to offer a compensation.
- 5.5. Any item returned without the Supplier’s prior written confirmation and consent will not be accepted or refunded.
- 5.5.1 The Buyer must organise and pay for any order wrongfully returned to be picked up from the Supplier’s warehouse.
6. Consumer cancellation rights and consumer return
- 6.1 The Buyer may cancel the order before the order has finished processing by contacting us. Cancellations after the order is shipped can be done but will be dealt us returns instead of cancellation and will incur shipping costs.
7. Faulty goods guarantee
- 7.1. In addition to any applicable Consumer and/or statutory rights, the Supplier offers a manufacturer’s guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of one year from the date that the Goods were delivered. The product guarantee does not cover normal wear and tear.
- 7.2. However this entire clause does not apply if a fault arises due to:
- 7.2.1. abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
- 7.2.2. Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
- 7.3. Where Goods are faulty the Buyer must contact us within 14 days of the collection of the Goods.
- 7.4 The Buyer must supply the requested information and images in order for the Supplier to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions upon notifying the Supplier of a fault.
- 7.5 A claim will be compensated for at the Supplier’s discretion. We reserve the right to offer a compensation or spare part.
8. Responsibility and use of goods/products
- 8.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
- 8.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
- 8.3. With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
- 8.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
- 8.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause.
9. Limitation of liability
- 9.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liability which cannot be limited or excluded by law.
- 9.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
- 9.3. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
10. Conformity of goods
- 10.1. Reasonable variations in the colour or in the dimensions are not considered as a defect. We cannot accept any responsibility of any variation in colour caused by your browser software or computer system.
- 10.2. We use high quality materials. Some of them have natural character, which may not be considered as a defect. This includes variations in shade, texture, colour or grain.
- 11.1 Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
12. Force Majeure
- 12.1 The Supplier 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 acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including.
- 13.1 “Buyer” means the person and/or organisation that place an order on the website.
- 13.2 “Consumer” shall have the same meaning as described in section 12 of the Unfair Contract Terms Act 1977;
- 13.3 “Consumer buyer” is a buyer who is a Consumer.
- 13.4 “Supplier” supplier of the various items sold on this web-site.
- 13.5 “Goods” or “Products” means the items that the Buyer agrees to buy from the supplier.
- 13.6 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and conditions;
- 13.7 “Website” means www.ModandComfy.com
- 13.8 “Terms and conditions” mean these terms and conditions.