MOOD INTERIORS LLP
INTRODUCTION TO OUR TERMS OF BUSINESS
These Terms will apply to any agreement between us for the sale of Products to you. Please read these Terms carefully and make sure that you understand them, before ordering any Products from our website. Please note that before placing an order you will be asked to agree to these Terms. If you do not accept these terms, you will not be able to order from us.
You should print a copy of these terms or save them to your computer for future reference.
We amend these terms from time to time as set out in clause 3. Every time you wish to order Products, please check these terms to ensure you understand the terms which will apply at that time.
We are Mood Interiors LLP and we operate the website http://www.moodinteriors.net/. We are a limited liability partnership incorporated in England and Wales under number OC403977 with our registered office at 116 Yardley Road, Acocks Green, Birmingham B27 6LG. We can also be contacted by email to firstname.lastname@example.org or by phone on 0121 706 5395.
Advice about your legal rights if you are a consumer is available at your local Citizen’s Advice Bureau or Trading Standards office.
OUR TERMS OF BUSINESS FOR ONLINE SALES
1.1 When the following words are used in these terms of business, this is what they will mean:
Bespoke Products: means Products which we have created, manufactured, altered, treated and / or cut to meet specifications provided by you;
Cancellation Period: means the periods defined in clause 13.2 during which you may cancel an agreement for Products;
Event Outside our Control: means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrialaction 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;
Products: the goods that we are selling to you as set out in the Order;
Order: your offer to purchase Products when made through our website using the website’s ordering process;
Terms: the terms of business set out in this document;
we/our/us: Mood Interiors LLP, a limited liability partnership incorporated in England and Wales under number OC403977 with our registered office at 116 Yardley Road, Acocks Green, Birmingham B27 6LG;
our website: means the website belonging to us appearing on the domain www.moodinteriors.net.
1.2 When we use the words “writing” or “written” in these Terms, this will include e-mail unless we say otherwise.
- OUR AGREEMENT WITH YOU
2.1 These are the Terms on which we supply Products to you. These Terms have application to all our buyers but certain Terms will apply only to consumers. Where this is the case it will be clearly stated in the text.
2.2 Please ensure that you read these Terms carefully, and check that the details on your Order are complete and accurate, before you submit the Order to us through our website. If you think that there is a mistake or you require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
2.3 The images of the Products on our website and in our catalogues or brochures are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that the printed pictures accurately reflect the colour of the Products. Your Products may vary slightly from those images. Although we have made every effort to be as accurate as possible, some of our Products are cut from substantial rolls so all sizes, weights, capacities, dimensions and measurements indicated in our catalogue or brochure have a 2% tolerance.
2.4 Your Order has the status of an offer to buy the Products ordered from us. When you submit the Order to us, until we have accepted it no legally binding agreement will have been made. Our acceptance of the Order will take place as described in clause 2.5. If we are unable for any reason to supply you with the Products, we will inform you of this in writing and we will not process the Order and no agreement will have been made.
2.5 These Terms will become binding on you and us when we contact you to tell you that we accept your Order to provide you with the Products ordered. We will confirm our acceptance to you by email at which point an agreement will come into existence between you and us.
2.6 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 your Order.
- CHANGES TO ORDER OR TERMS
3.1 You can change your Order for Products at any time before we despatch the Products or within 3 calendar days of placing an Order by contacting us. However changes to the Order will not be accepted where the Order is for Bespoke Products. Where any change in the Order means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the Order in accordance with clause 11 in these circumstances.
3.2 If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause 11. In the case of Bespoke Products, unfortunately you will not be able to cancel an Order once it is made.
- BESPOKE PRODUCTS
4.1 We create Bespoke Products according to the instructions or specifications that you have provided to us. If you have any difficulty in deciding upon the correct specifications for your Order you can find information and tips on our website.
4.2 Please make sure any measurements you provide are correct and accurate. Unfortunately, we cannot accept the return of Bespoke Products if the reason for the return is because you provided us with incorrect measurements and we have complied with your measurements (subject to the provisions of clause 2.3). However, this will not affect your legal rights as a consumer in relation to Bespoke Products that are faulty or not as described.
- DELIVERY OF PRODUCTS
5.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for deliveries to the Scottish Highlands and Islands. Unfortunately we do not accept orders from or deliver to addresses outside the UK.
5.2 We will contact you with an estimated delivery date, which will be within 30 days after the day on which we accept your Order. Occasionally our delivery to you may be affected by an Event Outside our Control. See clause 10 for our responsibilities when this happens.
5.3 If you have asked to collect the Products from our premises, you can collect the Products from us at any time during our working hours of 10.00am to 4.00pm on weekdays if you have given us prior notice of your intended attendance.
5.4 If you are a consumer and no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery. If you are a business customer and delivery is refused or is not possible for a reason other than arising from anything we have done or not done, then we reserve the right to charge for any further attempts at delivery.
5.5 If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this.
5.6 If we miss the 30 day delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
(a) we have failed to deliver the Products; or
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) and you told us before we accepted your Order that delivery within the delivery deadline was essential.
5.7 If you do not wish to cancel your Order straight away, or do not have the right to do so under clause 5.6, you can give us a new deadline for delivery, which must be reasonable in all the circumstances, and you can cancel your Order if we do not meet the new deadline.
5.8 If you do choose to cancel your Order for late delivery under clause 5.6 or clause 5.7, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- DELIVERY AND QUALITY
6.1 Delivery of an Order shall be completed when we deliver the Products to the address you gave us or a courier organised by you collected them from us and the Products will be your responsibility from that time.
6.2 You will only own the Products only once we have received payment of all sums owing to us by you in full.
6.3 On receipt of the Order you must examine the Products carefully for any blemish or imperfection. As many of our Products are fabrics then you may intend to cut them to size after delivery to meet with the requirements of your project.
PLEASE NOTE: You will not be able to return any Product to us once you have made alterations of any description to it unless the Product was clearly defective at the point of purchase.
6.4 As a consumer, you have legal rights in relation to Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with this agreement. 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.
- THIRD-PARTY MANUFACTURER’S GUARANTEE OF GOODS
7.1 Some of the Products we sell come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with those Products.
7.2 This guarantee is in addition to, and does not affect, your legal rights in relation to the Products that are faulty or not as described.
- SELLER’S GUARANTEE OF GOODS
8.1 We guarantee that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 8.2.
8.2 This guarantee does not apply to any defect in the Products arising from:
(a) fair wear and tear;
(b) wilful or accidental damage, abnormal storage or improper use, negligent use or fitting (where relevant) by you or by any third party;
(c) if you fail to operate or use the Products in accordance with the user instructions;
(d) any alteration or repair by you or by a third party who is not one of our authorised repairers;
(e) any specification provided by you where we have met that specification within the tolerance set out at clause 2.3.
8.3 Clause 8.1 does not apply to any Products knowingly ordered by you which are seconds, remainder stock or samples or to Products sold as obsolete or substandard.
8.4 This guarantee is in addition to, and does not affect, your legal rights in relation to the Products that are faulty or not as described as we are under a legal duty to supply Products that are in conformity with this agreement.
8.5 If a Product is designed or created for you, the copyright, design right and all other intellectual property rights and in any drafts, drawings or illustrations we make in connection with the Product will be ours or will vest in a party with whom we have contractual arrangements.
- PRICE AND PAYMENT
9.1 The price of the Products will be set out in our price list in force at the time you place your Order. Our prices may change at any time, but price changes will not affect Orders already placed.
9.2 Our prices exclude VAT. However, 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 will have to pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
9.3 The prices for the Products exclude delivery costs, which will be added to the total amount due.
9.4 Where we are providing Products to you, you must make payment for Products in advance by credit or debit card. PLEASE NOTE that there is a 2% handling charge for the processing of payments made by credit card.
9.5 Each invoice will quote the Order number. Where the due date for payment has been agreed on terms other than those as provided for in clause 9.4 the due date for payment of any invoice will be within 30 days from the date of invoice.
9.6 If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 3% a year above the base lending rate of Santander Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
9.7 If you dispute an invoice in good faith and contact us promptly to let us know that you dispute it, clause 9.6 will not apply for the period of the dispute.
- OUR LIABILITY TO YOU
10.1 If we fail to comply with these Terms, we are responsible for direct loss or damage you suffer as a result of our breach. We shall also be liable to you if you are a consumer for the loss or damage you sustain that is a foreseeable result of our breach of the Terms or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we made our agreement.
10.2 If we are installing Products in your property, we will make good any damage to your property caused by us in the course of installation or performance. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
10.3 We do not exclude or limit in any way our liability for:
(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods and treatment Act 1982 (title and quiet possession);
(d) breach of the terms implied by sections 3, 4 and 5 of the Supply of Goods and treatment Act 1982 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective products under the Consumer Protection Act 1987.
10.5 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 Control.
10.6 If an Event Outside our Control takes place that affects the performance of our obligations under these Terms:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside our Control.
10.7 Where the Event Outside our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside our Control is over.
10.8 You may cancel the agreement if an Event Outside our Control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under clause 11. We will only cancel the agreement if the Event Outside our Control continues for longer than 8 weeks.
- YOUR RIGHTS TO CANCEL ONLINE ORDERS AND APPLICABLE REFUND
11.1 If you are dealing with us as a consumer and our agreement for Products was made entirely through our website, you may cancel the agreement without giving any reason during the Cancellation Period. PLEASE NOTE that unfortunately, as Bespoke Products are made to your requirements, you will not be able to cancel your Order once accepted (but this will not affect your legal rights as a consumer in relation to Bespoke Products that are faulty or not as described).
11.2 The Cancellation Period in which a consumer may exercise the right to cancel given at clause 11.1 is the period of 14 days beginning on the date when the delivery of the ordered Products was made or, if Products were to be delivered in instalments, the date of the delivery of the final instalment of the Products.
11.3 To cancel an agreement in accordance with your legal right to do so as set out in clause 11.1, you just need to let us know that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website at http://www.moodinteriors.net/cancellation-form/. A link to the website cancellation form will be included in our Dispatch Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact our Customer Services team by telephone on 0121 706 5395 or by post to 116 Yardley Road, Acocks Green, Birmingham B27 6LG. If you are emailing us or writing to us please include details of your Order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. If you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts subject to clause 11.4.
11.4 Unfortunately, if you cancel an Order for Products under clause 11.1 and we have already despatched those Products to you, we will not be able to cancel your Order until the Products are delivered. In this case, if you return the Products to us, we will not charge you any cost of collection. Otherwise you will have to pay the cost of returning the Products back to us. This will not affect your refund for the Products themselves, but we will not refund any charges for delivery and any charge for collection will be deducted from the refund that is due to you.
- OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel an Order before the Products are delivered, due to an Event Outside our Control or the unavailability of stock. If this happens:
(a) we will promptly contact you to let you know;
(b) if you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you;
(c) where we have already started work on making or adapting any Products that you ordered, we will not charge you anything and you will not have to make any payment to us.
- INFORMATION ABOUT US
13.1 We operate the website http://www.moodinteriors.net/. We are Mood Interiors LLP, a limited liability partnership incorporated in England and Wales under number OC403977 with our registered office at 116 Yardley Road, Acocks Green, Birmingham B27 6LG.
13.2 Contacting us for any reason, including because you have any complaints, can be done by telephoning us at 0121 706 5395 or by e-mailing us at firstname.lastname@example.org.
13.3 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 on your Order.
- HOW WE MAY USE YOUR PERSONAL INFORMATION
14.1 We will use the personal information you provide to us to:
(a) provide the Products;
(b) process your payment for such Products; and
(c) inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
14.2 You agree that we may pass your personal information to credit reference agencies and that they may keep a record of any search that they do.
14.3 We will not give your personal data to any other third party.
- OTHER IMPORTANT TERMS
15.1 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.
15.2 This agreement is between you and us. No other person shall have any rights to enforce any of its terms.
15.3 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.
15.4 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.
15.5 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.