TERMS & CONDITIONS

At Modutti we try to make our ordering process/delivery as simple and easy as we can to ensure you get the best service.

As many of our products are made to order, it is extremely important you read the following Terms & Conditions prior to purchase to avoid any inconvenience. We also reserve the right to amend and update these Terms from time to time and advise always checking back for updates.

ORDER PROCESS:

By placing an order with us you will be obliged to pay for the products in that order.

We may not accept an order for one of the following reasons:

  • • The product requested is no longer available or out of stock with the supplier.
  • • We are unable to obtain authorisation for your payment.
  • • Not meeting our eligibility criteria to order as per our Terms & Conditions.
  • • A pricing or product description error is found.

 

If there is an issue with an order at time of transaction you will be contacted by us. We reserve the right to reject any purchase from you at any stage of the process (see further T&Cs on 'TRANSACTION REFUSAL').

Please note your credit/debit card will be authorised at time of order. This does not affect your statutory rights.

You will receive an order acknowledgement email confirming the products you have ordered. If there are any problems with this acknowledgement, please contact us as soon as possible.

Your order will then be processed either via our warehouse or directly from the manufacturer and shipped for delivery to you subject to the availability and time periods shown on the relevant product page.

Where couriers have an order tracking facility we will provide that information to you directly.

Order acceptance and completion of the contract between you and Modutti Ltd will take place on delivery of the products ordered by you.

BEFORE ORDERING:

It is your sole responsibility to check and determine your ability to receive the Products you have ordered into your home. This includes ensuring that all products ordered will pass freely into and through the building to be transported into your room of choice (ground floor), that they fit in that room and there are no other issues that could make delivery more complicated or not possible (please note failed deliveries will incur a charge). Ensure that you have fully measured this access route for your furniture pieces and if you are in any doubt contact us prior to order to discuss.

PRODUCTS:

The images of the products shown on our website are supplied directly by our manufacturers. Although we have made every effort to display the colours as closely as possible, we cannot guarantee that every device's display of the colours will accurately to reflect the colour of the Products. Your Product may vary slightly from those images.

The product specifications from the manufacturer may sometimes change, in which case we will do our best to offer you a similar alternative where possible. If you are not happy with the replacement or substitute suggested, where applicable, you may cancel your order in accordance with your rights under the consumer regulations.

Our Products are displayed as clearly as possible throughout our website to give you as much information as possible about a product. If you need further information prior to purchase, please contact us info@modutti.com

MADE TO ORDER PRODUCTS:

By placing an order for a non-standard, made-to-order or special order product with us, you are deemed to have considered the factors as above and any others that could affect the order, you accept that you are entirely satisfied that it is the correct product for you. You will not be able to change/amend the order once the item has been entered into production.  Please note that any items sealed for hygiene reasons such as bed linen cannot be returned.

Please review our Measuring Advice guidance before placing any order as it contains important information that you should consider. Reviewing our Measuring Advice is critical if you are ordering a bespoke Product. If you need further advice or have any other questions about a Product, email us at info@modutti.com or call us on +44 (0) 3301332819 prior to purchase.

If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

Please note that our usual exchange and refund policy does not apply to non-standard, customised, made-to-order or special order Products, these cannot be returned or exchanged unless faulty.

MAKING ORDER CHANGES:

If you wish to make a change to any product you have ordered please contact us as soon as possible to avoid disappointment. We will let you know if the change is still possible at that stage. If it is possible we will let you know about any changes to the price of the product, the timing of delivery or any other items which would be necessary as a result of your requested change and ask you to confirm whether you still wish to go ahead with the change.

LEATHER, WOOD, MARBLE & OTHER NATURAL MATERIALS:

Please note natural materials such as leather and marble have their own unique characteristics and may vary slightly from the images shown. Our suppliers work the highest standards, but be aware that variances will occur even within the same objects.

Wood which is also a natural product will age and fade with exposure to light and placing items on top of furniture may cause shadowing.

ARTISAN STYLE FINISHES:

Some of our products are specifically chosen because they are hand finished and may have unique details. For example Authentic Models are an amazing supplier who specifically add an aged finish to give a lived in look to their new furniture. These changes in finishes should be celebrated and our products have descriptive notes indicating which items have been completed in such a fashion.

PAYMENTS:

We accept online payment in an encrypted, secure environment by debit, credit card, paypal and Modutti Ltd Gift Vouchers. All prices quoted on our website are quoted in GBP pounds sterling (£) and where appropriate are inclusive of UK VAT at the current rate. All transactions are made in GBP pounds sterling (£).

The credit or debit card that is being used for the transaction must be confirmed as your own. All credit/debit cardholders are subject to security validation checks and authorisation by the card issuer. If the card issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.

We have an option on the website (navigation header) where you can choose to display prices in Euros, AED or U.S Dollars based on live conversion rates. This enables you to view the cost of your transaction, in your chosen currency, based on real time conversion from GBP (£) by Shopify.com. This is a service designed to make currency conversion calculations easier for you. For any international orders you will require an international shipping quote and should contact us at info@modutti.com

International credit card providers or banks outside the UK will determine their own exchange rates and may also add an additional processing or administration charge that you the card holder will be liable to pay. We do not have any control over these exchange rates or charges and advise you to check with your bank if you are unsure about exchange rates prior to making a purchase.

Note: Any customs or import duties applied once the package reaches your destination country will be your responsibility as we have no control over these charges. 

GIFT CARDS:

Our Modutti gift cards are valid for a period of 12 months from date of issue. Please note gift cards are non-returnable.

TRANSACTION REFUSAL:

Our relationship is with you as the purchaser.  Any communications in relation to a refusal, or any customer relations, will be conducted solely with you as the person named on the order.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at our discretion. We reserve the right to withdraw any products from the website at any time and/or remove or edit materials or content on this website. 

We will not be liable to you or any third party by reason for withdrawing any product from this website whether or not that product has been sold, removing or editing any materials or content on the Website, refusing to process a transaction or unwinding or suspending any transaction after processing has started.

To be eligible to purchase products on this website and lawfully enter into and form contracts on this website under Scottish law you must:

  • • Provide your real name, phone number, email address, payment details and other requested information.
  • • Be over 18 years of age.
  • • Confirm a delivery address in the United Kingdom. PO box numbers, hotels and temporary accommodation addresses are not acceptable.
  • • Possess a valid credit or debit card issued by a bank accepted by our system.

 

By deciding to purchase a product, you are specifically authorising us to transmit information or to obtain information about you from third parties from time to time, including but not limited to, debit or credit card number or credit reports, to authenticate identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

PRIVACY:

We process information about you in accordance with our Privacy Policy. By using this website, you give consent to such processing and you confirm that all data provided by you is accurate. You alone are responsible for reviewing the terms of the privacy policy. By continuing to use our website and by placing an order with us you are confirming that you accept the terms of the privacy policy, which may be amended from time to time, and you are responsible for regularly reviewing for any changes that we reserve the right to make.

We will never ask for personal details via email. If you receive an unsolicited email asking you for your log in details or any other such information, do not comply and please contact us on +44 (0) 3301332819 as soon as possible.

We will use the personal information you provide to us:

(a)        to supply the Products to you;

(b)        to process your payment for the Products; and

(c)         if you agreed to this during the order process, give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.

We will only give your personal information to other third parties where the law either requires or allows us to do so.   

For further information, please refer to our Privacy Policy.

YOUR OBLIGATIONS:  

Your Modutti account is for your own personal use only. 

You are solely responsible for you own actions and those of anyone using your account, and assume all liability regarding: (i) the information and content you or anyone using your account, submits on your behalf; and (ii) the information and content you or anyone using your account posts, transmits, or otherwise makes available through our site.

You confirm that all products ordered by you are for your own personal and domestic use and are not for re-sale, distribution or any other commercial use of a similar nature. The Products sold by us are provided for private domestic and clients use only.

You agree to indemnify us, directors, employees, agents, and third parties for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of: (i) your, on anyone using your account’s use of or inability to use the site, (ii) any content or information posted by you or anyone using your account, (iii) your or anyone using your account’s violation of these terms of use or your or anyone using your account’s violation of any rights of a third party, or (iv) your or anyone using your account’s violation of any applicable laws, rules or regulations.

We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right.

You will remain liable if someone else uses your shopping account and/or personal information unless you can prove that such use was fraudulent.

DELIVERY:

Our delivery couriers will contact you directly to arrange suitable delivery/collection times for larger items. They will offer you the first available date and time slot for delivery in your area. 

Please refer to our UK Delivery and International Delivery Policies which clearly explain our delivery terms, and both policies (and the terms included in them). 

Risk of loss/damage of the products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.

If we attempt to make a delivery on the delivery date and time slot that you have accepted and no one is present to receive the goods, and requires a repeat delivery, you will incur a repeat delivery charge which will be advised to you via email or telephone, this must be paid prior to the redelivery even if the original delivery was free of charge. This repeat delivery charge will also apply if you cancel an agreed delivery date/timeslot less than two working days prior to the agreed delivery date.

If your goods remain at our warehouse for more than two weeks after a failed delivery, during which time you do not acknowledge delivery/re-delivery (despite us contacting you to do so), we will reserve the right to cancel your order and advise on storage charges incurred.

If you wish to cancel this contract once your order has been dispatched please note the following procedure will apply:

  • • Should you wish to return a product we will arrange to collect this from you and will apply an appropriate collection charge which will be advised prior to this if item is a large furniture piece requiring 2 man collection.
  • • The collection charge will be the same cost as the original delivery charge and will be deducted from the refund value when processed.
  • • If the original delivery charge was free then a minimum charge of £50 for the collection will be charged.
  • • To arrange a collection please contact us on +44 (0) 3301332819
  • Modutti also reserve the right to refuse a refund on the item should it not be returned in a fully resalable condition.

 

ESTIMATED DELIVERY TIMES:

Whist we always aim to deliver within the time stated on our website, we will not be held liable for any loss caused to you by any late delivery or failure to deliver within the estimated timescales. 

Please contact us on +44 (0)3301332819 or by email at info@modutti.com if you do not receive your product within the expected time and have not been informed. We will endeavour to get your product to you as soon as possible or you may cancel your order. You will be refunded once the goods have been returned to us in line with our Returns Policy or classified as lost by the courier.

If Products are returned to us as undeliverable either because of an incorrect address or because of customer failure to contact the courier company, we will refund the price of the products less delivery costs incurred by us in sending out the goods plus any additional administrative costs charged to us by the courier company for returning the product to us.

DELAYS OUTWITH OUR CONTROL:

If the supply of the product is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take all reasonable steps to minimise the effect of this delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

CHANGING YOUR MIND:

We know that sometimes situations change and as per the Consumer Contracts Regulations 2013 for most products bought online you have a legal right to change your mind within 14 days of receiving the product and receive a refund.  These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in the 'your rights' section of these Terms.

Please note you do not have a right to change your mind in respect of bespoke or personalised goods, unless they are faulty.  Where you have ordered a non-standard, customised, bespoke, made to order, made to measure or special order products (including but not limited to large furniture items, headboards, sofas or chairs in your own choice of fabric and size), or cut by the meter wallpaper or fabric we cannot extend our 14 day refund policy to such items, unless faulty. This also applies to wallpaper where part orders are non-returnable.

RETURNS:

Modutti Ltd reserve the right to refuse a refund on the item, or deduct an appropriate % of the original selling price from the refund amount if we find that the product has not been returned to us in fully resalable condition. Products which fall into the following categories will not be refunded unless they are proven to be faulty;

  • • where you have ordered non-standard, customised, bespoke, made to order, made to measure or special order products.
  • • Any self assembly furniture cannot be returned once assembly is part or fully completed.

If you wish to exercise your right to cancel this contract prior to your order being dispatched then please email info@modutti.com or tel: +44 (0)3301332819 immediately. If your order has already been dispatched please follow the procedure set out in Refund & Returns. This does not affect your statutory rights.

If you end the Contract for any reason after the product has been dispatched to you, you must return them to us. You must either return the goods by posting them back to us at the below address after obtaining a returns authorisation number from us or (if we deem that they are not suitable for posting i.e larger furniture) allow us to collect them from you within 14 days of receipt. Please call us on +44 (0)443301332819 or email us at info@modutti.com to arrange collection. 

The address for returns is:

Modutti Ltd Returns

KINETIC LOGISTICS
Building 320, Heyford Park
Upper Heyford Nr Bicester
OX25 5HA

Products must be returned in perfect condition, unused, unwashed and with the original packaging intact.  It is important for your own piece of mind that you obtain proof of posting if sending directly back to us, as under our returns policy we cannot accept responsibility for goods that are lost or damaged in transit back to the warehouse, unless we have collected.

We will only pay the costs of return:

(a)        if the Products are faulty or the wrong item is received.

(b)        if you are ending the contract because we have told you of an upcoming change to the product or these terms, there has been an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done incorrectly.

In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.  

We will refund you the price paid for the Products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

If you are exercising your right to change your mind:

We may reduce your refund of the price (excluding delivery costs) if there has been a reduction in value of the product caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to physically inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer i.e. if we offer delivery of a product within 2 weeks at one cost but you choose to have the product delivered within 48 hours at an express higher cost, then we will only refund what you would have paid for the cheaper delivery option.

We will make any refunds due to you as soon as possible.  If you are exercising your right to change your mind then a refund will be made within 14 days from the day on which we receive the product back from you.

For International refunds, unless the item is faulty, you should make your return within 14 days of receipt, and please note that you will need to bear your own postage costs. If the item is faulty, damaged or not as described, please contact us info@modutti.com or tel: +44 (0)3301332819

IF THERE IS A PROBLEM:

We want our customers to be happy, so if you have any questions or complaints about the product or service please contact us. You can telephone us on +44 (0)3301332819 or write to us via email or post at info@modutti.com and Customer Service, Modutti Ltd, 272 Bath Street, Glasgow, G2 4JR

YOUR RIGHTS:

We are under a legal duty to supply product that are in conformity with this contract. See below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

or you can also contact The Furniture Ombudsman for impartial advise.

The Furniture Ombudsman is an independent not-for-profit organisation specialising in providing Alternative Dispute Resolution services for consumers and businesses in the retail, furniture and home sector.

For more information, visit www.thefurnitureombudsman.org

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your Product your legal rights entitle you to the following:

  • • up to 30 days: if your goods are faulty, then you can get an immediate refund. 
  • • up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases. 
  • • up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.  

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

DELETING YOUR ACCOUNT:

You may delete any account you have opened any time after any active order has been delivered. To close your account please email info@modutti.com We reserve the right to immediately terminate your access to any of the Products, without notice, for any reason (including if we become aware of any breach of these Terms). We also reserve the right to remove your account information or data from our products and any other records at any time at our sole discretion.

WHO WE ARE:

www.modutti.com is a website operated by Modutti Limited (“we”, “our”, “us”) a company registered in Scotland, UK. Company registration number SC653431 and registered office at Modutti Ltd, 272 Bath Street, Glasgow, G2 4JR. Our registered VAT number is 343 9301 10

HOW TO CONTACT US:

You can contact us by telephone or by writing to us as follows:

Monday/Saturday: 10:00 till 18:00

Tel: +44 (0)3301332819

Email: info@modutti.com

IF WE NEED TO CONTACT YOU:

If we have to contact you we will do so by writing to you at the email address or postal address you provided to us in your order or via telephone.

INTELLECTUAL PROPERTY:

All rights in design, intellectual property and information on our website are owned by us or licensed to us by our suppliers. These are protected, as appropriate, by copyright, trademarks and other intellectual property rights. You may only view, reproduce or print the materials on this site for the purpose of ordering goods from us and as below. The contents of these pages (including pictures, designs, logos, photographs, text written and other materials) are the copyright trademarks or registered trademarks of us or our suppliers or content and technology providers or their respective owners. ALL RIGHTS ARE RESERVED. By using our website you agree that the material and content contained within is made available only for your personal non-commercial use only and that you may (if necessary to make a purchase) download such material and content onto only one computer hard drive for such purpose. The copying, modification, distribution, reproduction, or incorporation into any other format of part or all of the material available on this site in any form is prohibited.

THIRD PARTY WEBSITES

Where any of our pages contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

LIABILITY:

To the maximum extent permitted by law, we will not be liable, in contract, (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

(a)        economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or

(b)        loss of goodwill or reputation; or

(c)         special or indirect losses;

(d)        suffered or incurred by that party arising our of or in connection with the provisions of any matter under these terms and conditions.

Our liability to you in connection with these Terms or the use of the site shall be limited as to either: (i) the price paid for any products purchased by you as customer; or (ii) £100 if you are a guest.

We have selected our Products on the basis that they will be used for domestic use only, if you are planning to use any for business purposes please make sure that you are covered by the appropriate insurances. Where you decide to use the Products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose.

Our maximum liability to business users arising out of or in connection with the Products shall be limited to the replacement value of the Product in question.

In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.

Nothing in these Terms will limit or exclude our liability for: (i) death or personal injury arising from our proven negligence; or (ii) fraud or fraudulent misrepresentations made by us. Nothing in these Terms affects your statutory rights as a consumer.

 

FUTURE COMPETITIONS & PROMO CODES:

Promotional codes which entitle you the customer to a discount on the price of the Product must be entered at the checkout.  Codes must be used by their expiry date which will be marked on the individual promotion.

Unless otherwise stated, promotional codes are not valid in conjunction with any other offer or on any outlet or Sale Products and cannot be used to purchase gift cards.

If you enter a competition on www.modutti.com the following terms and conditions will apply unless otherwise stated in the competition. By entering a competition with www.modutti.com you agree to the following conditions:

(a)        Entries must be received by the date stated in the competition, entries received after this time will not be included

(b)        Entries that are incomplete or do not meet the stated criteria will not be included.

(c)         All entrants to competitions must be willing to take part in any publicity opportunities including agreeing to the use of their name and photography.

(d)        Prizes are non-transferable and cannot be exchanged for monetary value.

(e)        No cash alternative to the stated prize will be offered.

(f)          No alternative Products to the stated prize will be offered.

(g)        Modutti Ltd reserves the right to cancel competitions or amend the stated rules if required to do so.

(h)        Modutti Ltd employees, suppliers and third-party employees are not eligible to win competitions hosted by Modutti Ltd

(i)          Information provided for the purposes of entering a competition must be true, accurate and relate to themselves, failure to do so will result in the entry being declared void.

(j)          Competitions are open to UK residents only unless expressly stated in the individual competition terms.

(k)         Winners are selected at random unless otherwise stated and Modutti Ltd decisions are final.

(l)          Failure to reply to notification that you have won will result in forfeiting the prize. Winners must claim their prize within 30 days of being notified. If the winner cannot be reached, another winner will be selected in their place.

 

 

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