OUR TERMS AND CONDITIONS FOR RETAIL CUSTOMERS

These terms and conditions apply to all transactions for the sale of goods and/or services to you through our website, by email or over the telephone. Please read through, and ensure you understand, these terms before placing your order. These terms apply to consumers only.

When you place an order with us, you agree to be bound by these terms and conditions. We may change these terms and conditions at any time as set out in section 3 below, and the amended terms will be posted on our website at https://mode-furniture/terms-and-conditions These terms were most recently updated on 5th May 2023.

1. ABOUT US

MODE Landlord Furniture Solutions is a trading name of MODE Furniture Solutions LTD (referred to in these terms & conditions as “we”, “our” or “us”). MODE Furniture Solutions LTD is a company registered in England and Wales with company number 14848403 our registered office is at 90 Newport Road Middlesbrough. 90 Newport Road Middlesbrough.

You can contact us by email at Sales@mode-furniture.co.uk, by phone 01642 989725 or write to us at 90 Newport Road, Middlesbrough, TS15JD.

2. OUR CONTRACT WITH YOU

2.1 These are the terms and conditions on which we supply goods and/or services to you.

2.2 Please read these terms and conditions carefully, and check that the details on the order are complete and accurate, before you submit the order. Please ensure that if you require installation, assembly and / or removal of old furniture, you have selected these services on your order. For online purchases, you will have an opportunity to check and change items in your order up until the point at which you submit your order by confirming the transaction at the checkout. If you think that there is a mistake or if you require any changes to be made to your order, or if you have any questions arising out of these terms and conditions, please contact us to discuss using the contact information in clause 1 above. We will confirm any changes in writing to avoid any confusion between you and us.

2.3 When you submit an order to us, this does not mean we have accepted your order. We will notify you when we have accepted your order, at which point a contract will come into existence between you and us. If we are unable to supply you with the goods and/or services in your order (for example, where a product is out of stock), we will inform you of this and we will not process the order. We may suggest alternatives for your consideration if suitable items are available. If you have already paid for the order, we will refund the amount paid for the order unless an alternative has been agreed by both parties, in this instance we would refund any difference in value between the original and replacement item.

2.4 We shall assign an order number to the order and inform you of it when we confirm the order. Please quote the order number in all subsequent correspondence with us relating to the order.

2.5 Our website, catalogue and brochure are solely for the promotion of our goods within mainland UK. The cost of delivery will be advised at checkout for online orders. We will only deliver to addresses outside mainland UK by express agreement. Please contact us (using the contact details in clause 1 above) for delivery prices and availability before placing your order if you would like goods to be delivered to a location outside mainland UK.

2.6 We cannot guarantee that the appearance and/or colours of products shown on our website, in our catalogues or in our brochures accurately reflect the appearance, finish and/or colours of the physical products themselves. Natural products may show some colour variations. All sizes quoted are approximate.

2.7 Where we agree to provide a specifically designed plan, it is your responsibility to check the accuracy and suitability of the plan. If you have any questions about our products or services, please contact us using the contact information in condition 1 above.

3. CHANGES TO TERMS

3.1 We may revise these terms from time to time, for example to reflect changes in how we accept payment from you or changes in relevant laws and regulatory requirements. The date on which these terms have been amended is set out at the top of these terms.

3.2 Every time you place an order, the terms in force at that time will apply to your order.

3.3 If there is a change to these terms which affects an order you have already made, we will notify you of the change and you will have the opportunity to cancel your order and receive a refund or confirm your order under the amended terms.

3.4 We do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Goods and Services without further notice.

4. DELIVERY AND ADDITIONAL SERVICES

4.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the goods and your address. The cost of delivery and additional services will be advised at checkout for online orders.

4.2 Delivery Only Service

4.2.1 Please note that our ‘Delivery Only’ service includes delivery to the door only. We will not bring the goods inside the building, install or assemble items or remove packaging.

Please select our ‘Assembly & Installation’ service at checkout if you would like us to deliver your furniture to the room(s) required, assemble it, and remove all the packaging.

4.3 Assembly and Installation Service

4.3.1 Please select our ‘Assembly & Installation’ service at checkout if you would like our uniformed and skilled MODE Interiors installation staff to deliver your furniture to the room required, assemble it and remove all the packaging. This service includes delivering the furniture to the required room(s) inside the delivery address including carriage up or down up to two flights of stairs (please inform us when you order if the furniture will need to be carried further than this without the use of a lift).

Also included is our key collection facility; we are happy to collect keys from a nearby location or liaise with tenants / building managers / owners / agents (the Access Contact) as required. We will unwrap and assemble all items and remove all packaging.

4.3.2 On placement of order we require confirmation specifying which room(s) your items are required for. If this information isn’t provided, the delivery team will use its discretion to determine where to place the goods. The Company does not accept any liability if the Customer is unhappy with the placing of goods. We can return to move the goods, but a charge may be payable for this service as outlined in condition 6 below.

4.3.3 No items ordered via Mode Furniture will automatically be hung or attached to a wall, or connected to services, unless specified on the order – please note that these services are chargeable. Where we are instructed to carry out any of these services, the customer confirms that they are the owner or that they are duly authorized by the owner. The customer indemnifies us against any claim that we are not entitled to carry out the instructions.

4.3.4 Home appliances can be connected if this service has been selected on your order, and subject to the required connections, plumbing, wiring and electric supply being available in accordance with the manufacturer’s instructions and other relevant regulations. If we have to return to your property to connect an appliance because the necessary conditions for a safe installation were not in place at the original scheduled time of delivery, a charge may be payable as outlined in condition 6 below.
Please note, we are unable to offer installation services to connect gas appliances or carry out any tasks that require a gas registered plumber, or electrician.
We normally leave refrigerators switched off on delivery. Most manufacturers require that they be left standing for several hours after transportation before being used.

4.4 Removals Service

4.4.1 MODE Furniture holds a waste carrier licence and can remove and dispose of any unwanted items on a like-for-like basis for a small fee and at our discretion. This is limited to items of an equivalent size and weight to the items you are ordering from us. Please select our ‘Removal’ service when you place your order.

4.4.2 Prices may vary for larger items, white goods, and bulk removals involving over 10 items; please contact us using the contact details in condition 1 above for a bespoke quote.

4.4.3 Please state at the time of ordering the item(s) to be removed and their location(s) within the property. We will not accept liability for incorrect items being removed due to erroneous or incomplete instructions.

4.4.4 All items must be ready for collection and disposal at the time of delivery; disconnected, easily and safely accessible, and clear of all personal effects. Examples include emptying drawers, cupboards and refrigerators, removing bed linen, and clearing surfaces. We will not accept liability for any personal property left inside items requested for removal. All items for removal must be free from pest infestation, or any other health and safety hazard. If a subsequent visit is required to conduct the removal this may be chargeable as outlined in condition 6 below.

4.4.5 We will not be able to take any goods that require a plumber or electrician to disconnect or any that require specialist tools, plumbing or handling.

4.4.6 For refrigerators, it is necessary to specify for each item whether it contains Chlorofluorocarbons (CFCs). The customer should supply this information when they place the order.

4.4.7 Where we are instructed to dispose of any items, the customer confirms that they are the owner or that they are duly authorized by the owner. The customer indemnifies us against any claim that we are not entitled to carry out the instructions.

4.4.8 We reserve the right to refuse to collect any item we believe constitutes a health and safety risk to our employees, or anyone working on our behalf.

4.5 Collections Service

4.5.1 If you have asked to collect the goods from our premises, you can collect the goods from us at any time during our opening hours by arrangement with us.

4.6 Additional Information: Delivery and Installation

4.6.1 Please provide details with your order of how you would like us to access the property (including any instructions to leave the goods with a neighbour if you are unavailable to take delivery). Included in our ‘Assemble and Install’ service is our key collection facility; we are happy to collect keys from a nearby location or liaise with tenants / building managers / owners / agents (the Access Contact).

4.6.2 Our operations team or agent will then contact the Access Contact using the information you have provided with an estimated delivery date and to confirm access arrangements. This will be within 30 days from the date we accept your order, unless we agree a later date for delivery with you).
Occasionally a delivery may be affected by an event outside our control. Please see condition 11 for our responsibilities when this happens.
4.6.3 Please inform us if there are any deadlines we should be aware of, such as tenant move in dates, and we will do our best to accommodate these.

4.6.4 We will return keys to the same contact person / organisation as they were collected from or to any other nominated contact in the local vicinity. This will normally be on completion of the delivery unless otherwise requested. Where it is not practicable to do this, we may make an alternative arrangement to return them at the earliest reasonable opportunity.

4.6.5 The property must be in suitable condition to allow safe and sanitary delivery of the items ordered and there must be space within the property sufficient to deliver and install the items. Please ensure that personal effects are removed from any furniture items that are to be moved or removed and that access routes are clear. We reserve the right to refuse delivery should any issues arise; re-deliveries may carry an additional charge which you would be notified of in advance of our attendance.

4.6.6 Before placing your order, it is your responsibility to check that the items of furniture you are ordering will fit through any passages, stairwells, landings and doorways. Some of our products will arrive flat packed, others will be part or fully assembled (depending on the item and service level selected); please contact us using the details in condition 1 above if you have any concerns regarding this issue. Product dimensions are available on our website. It is your responsibility to ensure you order the right-sized product and that you provide correct measurements for made-to-measure goods or floor plans.

4.6.7 Please ensure you cover any carpets, flooring or furniture and remove pictures and valuables from the delivery area and the route to it through your property. Whilst every care will be taken by our delivery drivers, we will not be liable for any damage to your property caused by your failure to provide a clear access route to the delivery location. We are also not responsible for any pre-existing damage to your property. Please inform us at the time of placing your order if other works, such as building or decorating works, are being carried out, as this may prevent us from delivering your order. If we are required to return at a later date as a result of such works, we may charge an additional fee as set out in condition 6.1.

4.6.8 If no one is available at your address to take delivery on the arranged date, we will either return the goods to our premises, in which case, please contact us to rearrange delivery, or leave the goods with a neighbour (where you have provided instructions for us to do so). Please note we will not be responsible for any loss or theft of, or damage to, the goods where we have left them with a neighbour in accordance with your instructions.

4.6.9 If we are unable to deliver the goods as a result of your failure to provide us with any relevant information relating to access to the delivery address, or we are unable to make delivery as a result of there being nobody available to accept delivery of the goods, an additional charge may apply, as set out in condition 6.1. Please let us know of any parking restrictions which may apply, as we may seek to recover from you any parking charges or fines that we incur as a result of your failure to inform us of any applicable parking restrictions at the delivery address.

4.6.10 Where goods require assembly, we shall be under no obligation to assemble or install the goods unless this service, and the corresponding charge, has been added to your order. If this service is not requested on your order but is later required, we may agree to do so at a later time or date by specific arrangement with you, in this instance you would be charged for the installation and assembly as well as an additional charge for the return visit, as set out in condition 6.1.

4.6.11 If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we may deliver the order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver the order in instalments, we may charge you additional delivery costs as set out in condition 6.1. Each instalment shall constitute a separate contract governed by these terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

4.6.12 Please check the goods on delivery for any defects and let us know as soon as possible if there are any defects or missing goods.

4.6.13 A copy of the proof of delivery can be provided on request.

4.6.14 The goods will be your responsibility from the point of delivery (once goods have been unloaded from the delivery vehicle) or from when you collect the goods from us. If the goods are delivered to you, delivery will be completed when the goods are delivered to you, or a neighbour nominated by you to accept delivery on your behalf.

4.6.15 You own the goods once we have received payment in full.

5. Cancellations, Returns and Warranty

5.1 Standard Returns

5.1.1 Where you are a consumer based in the UK or EU and you have bought goods via our website, over the telephone or via email, you have the right to cancel your contract for any reason, until 14 days after you (or a neighbour nominated by you to accept delivery on your behalf) receives the goods, or where the goods are delivered in instalments until 14 days after you (or a neighbour nominated by you to accept delivery on your behalf) receives the last instalment of the goods. To cancel your contract, you can email Customer Services at Sales@mode-furniture.co.uk, or call us on 01642 989725 or write to us at 90 Newport Road, Middlesbrough, TS15JD, quoting your order number or invoice number, and providing your name and address. Please note that this right does not apply to made-to-measure goods or goods which are made to your specification.

5.1.2 You must take reasonable care of the goods until you return them or we collect them. Products must be returned in the packaging in which they were delivered and in re-saleable condition. If you cancel your order under condition 5.1 after having received the goods, you should return the goods to us at 90 Newport Road, Middlesbrough, TS15JD without undue delay and in any event not later than 14 days from the day on which you notify us of your cancellation, unless we have agreed to collect them from you. You will be responsible for the direct cost of returning the goods. If you would like us to collect the goods, please contact us using the contact details in condition 5.1. There will be an additional charge for the collection, as set out in condition 6.1.

5.1.3 If you cancel your order and return the goods in accordance with conditions 5.1 and 5.2, we will refund the amount paid by you for the goods, including any charges for delivery of the goods to you, save that the maximum refund for delivery costs will be the least expensive delivery method we offer to your delivery address. However, please note that we are permitted by law to reduce your refund to reflect any reduction in the value of the goods if they have not been returned in the packaging in which they were delivered and in re-saleable condition. We will pay the refund within 14 days after the day we receive the goods from you, using the same means of payment as you used for the initial transaction. Please note that if you cancel your order on the day of delivery, the goods will already have been loaded onto the van and may already be on route. We may therefore charge an additional fee for wasted delivery costs in these circumstances, as set out in condition 6.1.

5.1.4 Except where goods are faulty, or you have a right to cancel your contract, return of unwanted goods will only be accepted at our discretion and may be subject to payment of any reasonable costs incurred by us in connection with your order. Bespoke goods, build to order goods and tailor made products cannot be returned unless they are damaged, as set out in condition 6.1. Where we have agreed to accept a return of goods under this condition 5.4, we will refund you any amounts paid for the goods, less the delivery charges and any other reasonable costs incurred by us in connection with your order.

5.1.5 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

5.2 Warranty for Defective Goods

5.2.1 We offer a warranty where goods are found to be defective within 12 months from the delivery date. The warranty period commences upon the date of delivery of the goods and unless otherwise specified.

5.2.2 The warranty is limited to defects due to faulty design, materials and/or workmanship, it excludes damage arising from normal wear and tear, misuse or neglect (including but not limited to improper assembly, maintenance or storage), or where damage has occurred due to events outside of our control, including but not limited to flooding or changes to the condition of your property. The warranty includes normal residential use, it does not cover use within a commercial or business setting.

5.2.3 The warranty will be invalidated where goods have not been assembled by a MODE employee or agent under our ‘Assembly and Installation’ service if the damage / fault is deemed to have been caused by, or materially contributed to, by the assembly method.

5.2.4 Assembly instructions and care instructions are provided with all goods; please follow the advice contained therein and contact us if you have any queries using the contact details in condition 1. Failure to follow the advice contained in these documents will invalidate your warranty.

5.2.5 White goods are not included under the MODE warranty; white goods will be supplied with a manufacturer’s warranty which you should activate on receipt of goods according to the manufacturer’s instructions. In the event of a fault, you should contact the manufacturer directly.

5.2.6 Where goods develop a fault within the applicable warranty period, you should notify us in writing immediately (using the contact details in condition 1 above) upon the defect becoming apparent quoting your order number (see condition 2.4) and providing full details, including the make and model of the item, the date purchased and photographs / videos of the fault where possible. We may request to inspect the goods before confirming that the goods can be returned.

5.2.7 You must take reasonable care of the goods until you return them or we collect them. You must make them available for us to inspect and collect as requested. If you dispose of the goods without providing us reasonable opportunity to inspect and collect them, this will invalidate your warranty.

5.2.8 If the fault is covered under the warranty, we will arrange for goods to be repaired, replaced or refunded, such resolution is at our sole discretion, this does not affect your statutory rights.
The repair or replacement, together with collection and/or delivery costs to/from the original delivery address, will be provided free of charge within the warranty period, subject to relevant lead time(s) and stock availability.

5.2.9 Unless we specifically confirm otherwise in writing before an order is placed, we do not warrant that any goods are suitable for commercial property use, or for business purposes. Such a warranty can be requested by placing special and bespoke orders by prior inquiry.

5.2.10 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

6. Additional fees

6.1 Additional fees may be chargeable in the following circumstances. If you cancel your order on the day of delivery, or we are unable to deliver the goods, or are required to make a return visit, for any of the following reasons, or you would like us to collect products which you are returning due to a change of mind, we may charge you an additional fee to cover our costs, as set out below:

ReasonAdditional charge
Order cancelled on day of delivery (where the van has been loaded and/or the goods are on route)£50 (plus VAT) for order under £500 (plus VAT) 10% of order value for orders with value over £500 (plus VAT)
Partial cancellation of order on day of delivery (where the van has been loaded and/or the goods are on route)10% of value of cancelled items
We are unable to deliver goods (for example where there is no one available to take delivery of the goods or unable to access delivery address)£50 (plus VAT) for order under £500 (plus VAT) 10% of order value for orders with value over £500 (plus VAT)
Order delivered and we are unable to assemble or install products on the day of delivery (e.g. unable access to property or relevant rooms), and return visit required to assemble goods on another day£50 (plus VAT) plus 10% of order value for return visit and assembly
Removal of items of furniture being replaced is required and return visit is required to remove items£50 (plus VAT) plus removal fees
Collection of products for exchange/refund due to a change of mind£50 (plus VAT) return fee if value of returned products is under £500 (plus VAT). POA if value of returned products is over £500
Delivery in instalments at customer’s requestMinimum of £50 (plus VAT) for additional delivery dates – POA

7. Services

7.1 We will make every effort to provide and complete any services which we agree to provide to you within the timescales agreed between us.

7.2 We may need certain information from you that is necessary for us to provide the services. We may have to suspend the services if you do not, after being asked by us, provide us with information required, or you provide us with incomplete or incorrect information, and we will not be liable for any delay or non-performance caused by your failure to provide such information. If we suspend the services under this condition 7.2, you do not have to pay for the services while they are suspended, but this does not affect your obligation to pay any invoices we have already sent you or any other invoices which we send to you for other goods and/or services provided.

7.3 We may have to suspend the services if we must deal with technical problems. We will contact you to let you know in advance where this occurs, unless the problem is urgent or an emergency. You do not have to pay for the services while they are suspended under this condition 7.3 but this does not affect your obligation to pay for any invoices, we have already sent you or for further invoices which we send to you for other goods and/or services provided. If you request any changes to the services, such changes will be subject to our agreement, and may incur additional fees which we shall notify you of. We shall not be required to implement any such change unless and until it has been agreed, together with any other changes to the contract (such as additional fees).

7.4 If we design any products or layout for you, we will own the copyright, design right and all other intellectual property rights in the products and any drafts, drawings, designs or illustrations we make in connection with the products for you.

7.5 In the unlikely event that there is any defect with the services, please contact us and tell us as soon as reasonably possible. Please give us a reasonable opportunity to repair or fix any defect, and we will use every effort to do so as soon as reasonably practicable. You will not have to pay for us to repair or fix a defect with the services under this condition 7.5.

7.6 As a consumer, you have legal rights in relation to services not carried out with reasonable skill and care, or if the materials we use are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

8. Cancellation of Services

8.1 If you are a consumer in the UK or EU and you have contracted with us for the supply of services via our website, over the telephone or via email, you have the right to cancel the contract for services until 14 days after the day the contract between you and us was concluded. We will refund any sums paid for the services, subject to condition 8.2, within 14 days after the date on which we are informed about your decision to cancel the contract.

8.2 We will contact you to agree the date on which we will provide the services to you. If you request us to provide the services within the cancellation period set out in condition 8.1 then you acknowledge and agree that if you cancel your contract for the services during the cancellation period, after we have started to provide the services, you shall pay us a proportion of the costs payable in total for the services, which reflects the services performed up to the time we are informed of your decision to cancel your contract. If the services are fully performed within the cancellation period, you will lose the right to cancel your contract for the services under condition 8.1.

8.3 You may cancel the contract for services with immediate effect by giving us written notice at any time if we break this contract in any material way and we do not correct or fix the situation within a reasonable number of days of you asking us to in writing, or we go into liquidation or a receiver or an administrator is appointed over our assets.

8.4 If the rights under condition 8.1 do not apply, then unless any of your other cancellation rights apply under these terms, cancellation of the services will only be accepted at our discretion. If we agree to allow you to cancel an order for services, we will refund you any amount already paid for services not performed, less any reasonable costs which are incurred by us in connection with your order.

8.5 Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these terms will affect these legal rights.

9. Price and Payment

9.1 The price of the goods will be the price set out on our website, displayed in our retail stores or as otherwise notified to you at the time we confirm your order, and in the case of services, will be the price set out on our website, displayed in our retail stores or as otherwise notified to you. Our prices may change at any time, but price changes will not affect orders that we have already confirmed with you.

9.2 On occasion, the prices of goods advertised on our website may differ from those prices payable at the retail stores. We are under no obligation to honour any in-store prices in the event that they differ from those on our website. Similarly, we are under no obligation to honour any prices on our website in the event that they differ from those in-store.

9.3 Prices that are reduced for sales and promotions are only valid for the specified period.

9.4 All prices exclude VAT. VAT will be added at checkout. If the rate of VAT changes between the date of the order and the date of delivery or performance, we will adjust the rate of VAT that you pay, unless you have already paid for the goods and/or services in full before the change in the rate of VAT takes effect.

9.5 The price of goods excludes delivery costs, which will be added to the total amount at check-out / point of order where applicable.

9.6 The price of goods excludes any ancillary services such as those contained in conditions 4.3 (Assembly and Installation Service) and 4.4 (Removals Service) above. These services can be selected at check-out / point of order at which point the associated charges will be added to the total amount.

9.7 It is always possible that, despite our best efforts, some of the goods we sell may be incorrectly priced. If the correct price of the goods is higher than the price stated on our website, we will contact you for your instructions as to whether you wish to proceed with the order at the correct price. If we have accepted your order and the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we may end the contract, refund any sums paid for the incorrectly priced goods, and require the return of any goods provided to you.

9.8 Payment for goods and services is required in advance unless a Trade Finance Account has been secured (see condition 9.12 below).

9.9 Payment methods include:

(i) Credit and debit cards: We accept payment by most credit and debit cards. All credit/debit card holders are subject to validation checks and authorisation by the card issuer.
(ii) ShopPay – For information about this method of payment please see https://shop.app/shop-pay
(iii) PayPal – For information about this method of payment please see https://www.paypal.com/uk/home
(iv) Google Pay – For information about this method of payment please see https://pay.google.com/intl/en_uk/about/
(v) Payl8r – This is a credit facility with a third party (Social Money Ltd t/a Payl8r, a company registered in England under company number 08054296, and authorised and regulated by the Financial Conduct Authority, and entered on the Financial Services Register under reference number 675283) that allows you to pay in instalments over an agreed period of time and for an agreed charge. You should ensure you fully understand the terms of any agreement you enter and can find more information at https://payl8r.com/terms-and-conditions
(vi) Bank transfer – This facility is not available for online orders, please contact us using the details provided in condition 1 above if you would like to pay by bank transfer. Our bank details will be provided on your pro-forma or VAT invoice.
(vii) Landlord Smart Finance – This company provides specialist lease finance for landlords. This facility is not available for online orders. You should ensure you fully understand the terms of any agreement you enter and can find more information at https://landlordsmart.co.uk

The information contained within these terms and conditions does not constitute financial advice or recommendation and should not be considered as such. MODE Furniture is not regulated by the Financial Conduct Authority (FCA), its authors are not financial advisors, and it is therefore not authorised to offer financial advice.

We reserve the right to amend or withdraw acceptance of any of the above methods of payment at any time and without notice.

9.10 We are not responsible for your card issuer, bank or any other third party charging you as a result of our processing of your payment as part of your order. If full payment to us is not authorised, we will not be liable for any delay or non-delivery.

9.11 Payment must have cleared into our account before delivery / collection can be booked (unless a Trade Finance Account has been secured (see condition 9.12 below)).

9.12 A Trade Finance Account can be applied for online at mode-furniture.co.uk or by contacting us using the details provided in condition 1 above and providing us with the requested information. A Trade Finance Account is available for registered companies only and is subject to a satisfactory credit check. If your application is successful, you will be issued with the terms of your Trade Finance Account which will specify your payment terms (when your invoices must be paid by) and what your credit limit is. Failure to adhere to these terms may result in your Trade Finance Account facility being withdrawn and/or action being taken to recover any outstanding debt, the costs for which you may become liable for. MODE Furniture reserves the right to withdraw a Trade Finance Account facility at any time and request that any outstanding balance is settled within 14 days.

9.13 If you do not make any payment due to us by the due date for payment, we may suspend the provision of any services to you and/or charge interest on the overdue amount at the rate of 4% a year above the base lending rate of The Bank Of England from time to time, on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, the right to charge interest under this condition will not apply for the period of the dispute.

10. Our Liability to You

10.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer, subject to conditions 10 and 11, that is a foreseeable result of our breach of the terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered this contract.

10.2 We shall not be liable for: (a) any property damage sustained during delivery, assembly or installation of the goods, unless you notify us of such damage at the time of delivery or within a period of 7 days following delivery and provide satisfactory evidence that such damage was caused by our negligence and give us a reasonable opportunity to inspect such damage; or (b) any damage to possessions resulting from your failure to move them to allow sufficient access for us to deliver, assemble and install the goods; or (c) the cost of repairing any pre-existing faults or damage to your property.

10.3 While we will make every effort to provide our goods / services in a timescale to accommodate any deadlines and/or preferred delivery dates you have made us aware of, we will not accept liability where we provide goods / services on alternative dates for any reason, including but not limited to delays or inability to deliver, assemble or install the goods and/or to provide the services that result from inadequate access or facilities at the delivery address.

10.4 We only supply the goods and/or services to you for domestic and private use. You agree not to use the goods and/or services for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.5 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the conditions for:
(i) Any economic or consequential losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings); or
(ii) Any loss of goodwill or reputation; or
(iii) Any special, consequential or indirect losses suffered or incurred by the customer or any other party, including but not limited to, loss of revenue, profit, savings, goodwill, business opportunity or injury to reputation.
(iv) Any losses incurred by any associates, clients, partners, companies or any other person or legal entity related to you as a customer.

10.6 We do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions of listed Goods and Services.

10.7 Our total aggregate liability to you will not exceed the price paid for the goods and/or services and any other charges relating solely to the goods and/or services.

10.8 We do not exclude or limit in any way our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation, breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession), breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples), and defective products under the Consumer Protection Act 1987.

11. Events Outside Our Control

11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by an event outside our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or utility service.

11.2 If the performance of our obligations under these terms is prevented, affected or delayed by an event outside our control, we will contact you as soon as reasonably possible to notify you, and our obligations under these terms will be suspended and the time for performance of our obligations will be extended for the duration of such event. Where the event outside our control affects our delivery of goods to you, we will arrange a new delivery date with you after such event is over, and where such event affects our performance of services to you, we will restart the services as soon as reasonably possible after the event is over.

11.3 You may cancel the contract by giving us written notice if an event outside our control takes place and you no longer wish us to provide the goods and/or services, and in the case of goods, would result in the goods being delivered later than (i) 30 days after the date of acceptance of your order, unless otherwise agreed with you, or (ii) the delivery timescales notified to you at the time of order, where such delivery timescales were longer than 30 days, unless otherwise agreed with you. If you do so, you will be entitled to a refund of any payments already made in respect of goods not delivered or services not provided.

12. Our Rights to Cancel

12.1 If we have to cancel an order for goods (including made-to-measure goods) and/or services before the services start or the goods are delivered, for example, due to an event outside our control or the unavailability of stock then we will promptly contact you, and if you have made any payment in advance for services that have not been provided to you, or goods that have not been delivered to you, we will refund these amounts to you.

12.2 We may cancel the contract for goods and/or services at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to as set out in condition 9, or you break the contract in any other material way and you do not correct or fix the situation within 7 days of us asking you to in writing, or if you (being a company) go into liquidation or a receiver or an administrator is appointed over your assets.
This does not affect our right to charge you interest under condition 9.13.

13. Other Important Terms

13.1 If you have any complaints or wish to contact us for any reason, you can contact us by telephone on 0161 872 2363, by e-mail at sales@mode-furniture.co.uk, 01642 989725 90 Newport Road, Middlesbrough, TS15JD

13.2 If we have to contact you, we will do so by e-mail, telephone or by post to the address or using the telephone number you provide to us in your order.

13.3 We may transfer our rights and obligations under these terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

13.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.

13.5 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.6 If we fail to insist that you perform any of your obligations under these terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

13.7 These terms are governed by English law. You and we both agree to submit to the non-exclusive jurisdiction of the English courts. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

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