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TERMS AND CONDITIONS OF BUSINESS
Please read and ensure that you fully understand these terms and conditions. We will be pleased to clarify points you do not understand.
'the Seller' - means Mode Lifestyle
'the Buyer' - means the person, partnership, firm or corporate body who buys or agrees to buy the Goods from the Seller
'the Conditions' - means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller
'Delivery Date' - means the date arranged between the Seller and the Buyer when the Goods are to be delivered
'the Goods' - means the articles which the Buyer agrees to buy from the Seller
'Price' - means the price for the Goods including VAT
1. The Conditions
1.1 These Conditions shall apply to all contracts for sale for the sale of the Goods by the Seller to the Buyer to the exclusion of all other terms and conditions
1.2 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller
1.3 All bespoke and specially made to order items are not refundable or transferable and no orders can be cancelled.
1.4 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions
1.5 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions
2. Price and Payment
2.1 The Price shall be the price set out in the checkout page. The Price is inclusive of VAT.
2.2 Payment of the Price and VAT shall be made to the Seller upon the placing of an order for Goods.
The quantity and description of the Goods shall be as set out on the Seller's Checkout page.
4. Delivery of Goods
4.1 The Buyer shall contact the Seller to arrange the Delivery Date within 14 days after ordering the Goods
4.2 Delivery of Goods shall be made to the Buyer's address on the Delivery Date. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make arrangements to take delivery of the Goods whenever they are tendered for delivery.
4.3 Where the Seller is unable to deliver the Goods on the Delivery Date the Seller shall make all reasonable efforts to notify the Buyer in advance.
4.4 The Seller shall not be liable for loss or damage resulting from late delivery or short delivery of the Goods provided the same are delivered within one month of the Delivery Date
4.5 Notwithstanding that the Seller may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 1 month of the Delivery Date
4.6 The Buyer shall be entitled to request from the Seller a receipt for proof of delivery no later than 14 days after the Delivery Date
4.7 If a delivery is outside the Mainland UK (e.g. Ireland, Isle of Man) or in the Scottish Highlands then delivery could be subject to a surcharge. You will be contacted with a price for confirmation before dispatch.
4.8 Delivery to the Channel Islands will be subject to a minimum surcharge of £5.
5. Acceptance of Goods
5.1 The Buyer shall inspect the Goods on delivery and shall notify the Seller directly by fax, email or telephone within 24 hours of delivery of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall retain a copy of the fax or letter for his own records.
5.2 In accordance with clause 5.1 above the Seller agrees to permit the Buyer to return any Goods to the Seller which have an alleged defect, are damaged or fail to comply with description or sample at any time up to 21 days after delivery notwithstanding that some of the Goods may have already been accepted by the Buyer.
5.3 The Buyer shall be deemed to have accepted the Goods 7 days after delivery and shall not be entitled to reject any Goods thereafter for whatever reason
5.4 Damage as set out in clauses 5.1 and 5.2 above include damage to Goods caused by the Seller during transit or upon delivery.
5.5 Where the Buyer accepts or has been deemed to accept any Goods the Seller shall have no liability whatever to the Buyer in respect of those Goods save in respect of any liability to damages in personal injury.
If you are not entirely delighted with the products that you have chosen you may return them to us within 14 days of receipt. We will be more than happy to offer you an exchange or, if you wish, a refund provided that the products are returned complete, in perfect condition, unused and in the original packaging. On special free delivery offers a delivery charge will be made if goods are returned or exchanged. We will only refund the costs of postage where the item returned is faulty and reported within 24 hours. When returning items you are strongly recommended to obtain proof of posting. We cannot accept responsibility for parcels lost in transit.
7. Special Conditions
Products are not guaranteed against rust as all products are constructed from many different types of metal with a variety of different finishes and are located in a variety of different locations and stored in different ways. If parts are available to replace parts with any rust they can be purchased. There are ways to maintain and clean products to reduce and remove rust but with outdoor metal products rust is always a possibility.
This agreement shall be governed by and construed in accordance with the laws of England and the parties hereto agree to submit to the exclusive jurisdiction of the High Court of Justice in England.