Terms and Conditions
These conditions were updated on 05th October 2013
Should you have any queries regarding our terms, please contact your account manager or email firstname.lastname@example.org. These terms of trade apply to all orders placed by approved trade account holders. Should you wish to apply for an account with us complete our online application form here.
Terms of Trade:
The term "MODE Designs" or "us" or "we" refers to the owner of the website, Mode Designs (UK) Ltd.
The term "Wholesaler" refers to the company providing wholesale furniture to the trade. In this contract the Wholesaler is Mode Designs (UK) Ltd, trading as MODE Designs, who will also be referred to as "us" or "we"."
The term "Client" is the company, organisation or sole trader who pays Mode Designs (UK) Ltd invoices for the purchase of wholesale furniture. In this contract the Client will also be referred to as "you" or "your".
The term "Dropship Delivery" refers to the prossess by which the Wholesaler delivers wholesale furniture directly to the Client's Customer, as instructed by the Client.
The term "Customer"" is the person(s) who the wholesale furniture is delivered to.
The term "Terms" will refer to our full terms of trade outlined in this agreement.
The term "Products" will refer to the items of wholesale furniture purchased from the Wholesaler.
The term "Delivery Partners" is the third party company that is used for all deliveries to either the Client or the Customer.
Change of conditions
The Wholesaler retain the right to change our terms of trade from without prior notice. Changes will be updated on our website and will become effective immediately.
Use of our website, account application and placing orders with the Wholesaler constitutes the Client's agreement to be bound by these terms of trade. All transactions carried out between the Client and the Wholesaler will be governed by these terms of trade.
The contract between the Client and the Wholesaler will be deemed to become legally binding when the ordered furniture is paid for by the Client and the funds have cleared in our bank account.
It is the Client's responsibility to ensure their own Customers are aware of any relevant Terms that may affect their Customers.
In order to be supplied by the Wholesaler the Client must provide us with correct and accurate information about your company, including your address and payment information.
We reserve the right to deny any account being opened and not to accept any order placed.
We will never make a delivery unless the products have been paid for in full by the Client. When you place an order with us for items that are in stock, the stock will automatically be held for you until payment is received for the order, for a maximum of 30 days.
If payment is not made for order(s) on hold within 30 days, we will re-allocate the stock and set the order(s) to back-order status.
MODE Designs reserve the right to cancel any order for whatsoever reason should see fit; if we cancel your order you will be notified within 48 hours by email and a refund processed if applicable. We will not accept any liability or compensation for us choosing to cancel any order.
We will not be held liable for any delay in order, disruption or cancellation due to a result of an Act of God, war, strike, labour dispute, fire, floor, drought, or other causes beyond our reasonable control.
If any part of these terms of trade shall be held invalid or unenforceable, this shall not affect the enforceability of any other part of these terms of trade.
These terms of trade laid out here together with our current website prices, images, contact details, text and delivery information form the basis of all trade between the Wholesaler and the Client and form the legal contract between the Wholesaler and the Client.
This Contract has been made in England and shall be governed and construed according to English Law. No variation or alteration of these terms may be made or be deemed valid without the written approval/consent of a Partner of Mode Designs (UK) Ltd..
When a Client applies to open an account with the Wholesaler, the Client must divulge all companies, company names and trading names that you will be using to sell our furniture.
Any company found to be selling our furniture through a non-disclosed company will immediately have their account suspended. The Wholesaler reserve the right to close any company's account fully should we deem this necessary.
When a Client applies to open an account with the Wholesaler, the Client must provide the Wholesaler with all contact details for the person within the Client's company with whom responsibility for the settlement of invoices lies.
The Wholesaler reserves the right to reject any application for an account which they feel is not a genuine trade application. The Wholesaler also reserves the right to request additional information to that included within the Client's application for an account should we feel this necessary to verify the trade status of the applicant. This may include, but is not limited to; recent trade invoices, accountants and or solicitors correspondence, correspondence between the applicant and HMRC and company letterheads from the applicant.
Product Design, Specification and Characteristics
We endeavour to display as accurately as possible the true colours of our products in the marketing material provided and via the website. We cannot guarantee the complete accuracy of the pictures or photographs that are shown on our website due to monitor settings and camera lighting that can affect the colouring of items in a picture. We will not accept colour and shade discrepancies as a reason for defect.
If the Customer is dissatisfied with the colour or shade we will however offer a refund as long as the item is reported within 7 days and in line with our Returns clause above. The Client will pay the return carriage costs and only the goods cost will be refunded and not the carriage costs.
All dimensions specified by us are approximate and are used as a guideline. We cannot guarantee the complete accuracy of the dimensions that are shown on our website and will not accept dimensions discrepancies as a reason for defect.
We reserve the right to demand the removal of its copyrighted images from the Client's website(s) and / or brochures / other marketing material at any point. All images provided by MODE Designs remain the intellectual property of MODE Designs and no unauthorized use shall be made of these images by any party.
Faults & defects
Any product defects must be reported within 7 days of delivery to the Wholesaler by email to email@example.com and be supported with; clear photographs that show the damage, clear photographs of the packaging (to demonstrate condition of packaging), details of product batch number(s), customer name, MODE Designs order reference and details of carriage method used for delivery. These details should be emailed to us at firstname.lastname@example.org within 7 days of delivery. Any claim of defect after 7 days of delivery will not be accepted. Any incomplete claims (whereby all of the above details are not sent in writing, by email, to email@example.com) will be rejected.
Defective products will be replaced by us, free of charge. If the goods have been delivered through the Wholesaler or our third party carrier then all replacement carriage costs will be covered by the Wholesaler. If the goods were not delivered through the Wholesaler or our third party carrier, the Client will be responsible for all replacement carriage costs and for the return of the defective product(s).
The Wholesaler will only raise a credit note or refund for defective goods once the defective goods have been returned to the Wholesaler within their original packaging. The Wholesaler will not accept the return of unpackaged items. If the goods are to be collected from the Customer through the Wholesaler or our third party carrier, the goods will not be collected unless they are packed within their original packaging. In the event that a collection is refused by the Wholesaler or our third party carrier on grounds that goods are not suitably packaged for collection, a re-collection fee will be charged to the Client.
Due to our confidence in the excellent quality of our furniture and its construction and also the various conditions and treatment that the furniture can be subjected to after delivery, we will under no circumstances replace or refund any products after 30 days from the delivery date.
Please have your Customers check the goods boxes carefully before signing for delivery. Due to the high quality of our furniture we are unable to accept returns as damaged if the customer signs the delivery slip as "sign unseen" or "no damage to packaging".
If the goods have been delivered through the Wholesaler or our third party carrier then all damages will be replaced free of charge, providing that you email your account handler within 7 days of the goods being delivered.
All damaged goods must be reported within 7 days and be supported with:
- clear photographs that show the damage;
- clear photographs of the packaging (to demonstrate condition of packaging);
- details of product batch number;
- customer name; and
- our order reference and details of carriage method used for delivery.
These details should be emailed to us at firstname.lastname@example.org within the 7 days. Failure to do this will result in any damage claim being rejected.
If the goods were not delivered through the Wholesaler or our third party carrier then we will not be liable for any items damaged in transit and we will not accept the goods back for replacement. This applies to both Dropship Orders and bulk stock deliveries.
If the Customer wishes to return their furniture for any reason the Wholesaler must be notifiied via email within 7 days of the date the furniture was delivered to the customer.
All returned goods must be returned to us in a saleable condition and within the original packaging, in the condition they were provided. In order to facilitate this we ask that the goods are un-wrapped carefully to protect the packaging. It is the Client's responsibility to relay this information to the Customer.
When goods are returned as new, the Client will be responsible for any resulting return and replacement carriage cost. If an item is being returned for a refund, only the product cost will be refunded back to the Client. The Client is welcome to return the goods themselves or by using a third party carrier.
Any damage that occurs during return carriage due to poor re-packaging will be the responsibility of the Client. We reserve the right to charge the Client for any such damage to goods.
If the goods have already been loaded with our delivery partners onto the delivery vans then the delivery charge will not be refunded as a delivery charge will be levied to us.
Once an item has been approved for return and has been received back with us we will refund the Client's account with a credit note within 30 days. All refunds will be issued in the form of credit notes unless an alternative method of refund has been agreed in advance between the Wholesaler and the Client.
Any refunds will be processed within 30 days of the goods being returned to us in satisfactory condition. Under no circumstances will any refunds be issued prior to the goods being returned to or collected by the Wholesaler.
We reserve the right to decide whether we offer a replacement, repair, credit note or refund to the Client.
Refunds and returns will be not be offered for any item that has been unpackaged and assembled or for any made-to-order item or non-standard item that was ordered especially for the Client. This restriction does not apply where the item is found to be faulty within the agreed damage and defect notification period.
In the event the Client cancels an order which has been subject to a stock reservation and logistics guarantee deposit, the Wholesaler reserves the right to levy a stock reservation and logistics set up fee, up to 20% of the overall order value, based on the expenses incurred by the Wholesaler in confirming logistics arrangements and reserving stock for the Client. In the event that the Wholesaler incurs no costs as a result of any cancellation (so whereby logistics arrangements fall within standard delivery routes and no stock has been allocated to the Client that has resulted in loss of revenue or expenses for the Wholesaler) the stock reservation and logistics guarantee deposit will be refunded to the Client in full.
The Wholesaler reserves the right to cancel any order at any time for whatsoever reason. If this should occur we would inform you in writing, by email.
It is the responsibility of the Client to inform any Customers of delivery timescales and any delay in orders.
The delivery of Dropship Orders can either be carried out by the Wholesaler or collected by a third party delivery company to deliver to the Customer.
If you request that the Wholesaler deliver the goods to the Customer using our own delivery service we may, at our discretion, deliver this through another third party or pallet delivery service should the need arise.
It is the responsibility of the Client to advise the customer and make them aware of the delivery service being offered by us. Our standard delivery service is one man, delivered to the customer's door.
If a delivery is arranged by the Wholesaler's delivery company with the Customer or Client and the Customer or Client is not available during the scheduled time then a re-delivery charge will be charged to the Client. Delivery bookings may only be cancelled by the Customer or the Client with 48 hours notice – in the event that inadequate notice is given, or no notice at all, a re-delivery charge will be levied to the Client. In the event that any order is cancelled on the above grounds, the delivery charge will not be refunded to the Client
It is the responsibility of the Client to ensure that the Wholesaler is provided with the necessary contact information to advise the Customer of delivery booking dates and delivery time slots. This includes; mobile telephone number, email address and full residential address. In the event a delivery should fail due to MODE Designs being provided with inadequate or incorrect contact and or delivery information for the Customer, a re-delivery charge will be charged to the Client. In the event that any order is cancelled on the above grounds, the delivery charge will not be refunded to the Client.
The Wholesaler reserves the right to permit the Wholesaler's delivery company or any third party delivery company to use any suitable method at their disposal to communicate delivery booking information to the customer. This may include, but is not limited to; email, SMS text message and telephone.
Some deliveries will need assistance from the Customer. It is the Client's responsibility to inform the customer of this information. It is also the Client's responsibility to liaise on all delivery matters with the Customer.
The Wholesaler will not be held liable for any damage or loss caused by the Wholesaler's delivery company or any of our third party couriers when inside the Customer's property. The Wholesaler's delivery company and any third party courier used by the Wholesaler is contracted to deliver to the Customer's door. Should the Customer request assistance from the Wholesaler's Delivery Partners, this may only be offered at the Delivery Partners' discretion and at the Customer's own risk.
The goods will be under ownership of the Wholesaler until the time of delivery by our chosen delivery partner, at which time they will become the ownership of the Client. The only exception to this clause is when the goods are collected by the Client, the Customer or another selected courier, at which time they will become the ownership of the Client once they are loaded onto the vehicle.
The Wholesaler and our chosen delivery partners will only carry out deliveries whereby a Customer is present to accept and sign for the goods unless otherwise requested by the Customer. Should the Customer request items be left without signature, inside or outside the Customer's property, The Wholesaler will not be held liable for any loss or damage to the goods incurred as a result. Whereby the Customer requests items be delivered in such a manner, the goods will become the ownership and responsibility of the Customer at the point which the item is delivered to the Customer's address.
In the event an order is cancelled after the order has been dispatched the Customer is liable for all delivery charges, along with a restocking fee of 15% of the value of the item(s) being restocked.
Restocking fees are calculated on the price the Customer paid for the item(s) excluding VAT.
If the Client uses a third party delivery company to collect Dropship Orders the Wholesaler cannot take any responsibility for damages in transit and the Wholesaler Returns policy for Dropship Orders is not applicable.
All products listed on websites must use the product name specified on Our website.
Including more descriptive terms and/or phrases within the product name is allowed, however deviation from the collection name to which the product belongs is strictly prohibited.
All product pages selling Our products MUST state the product is supplied by MODE Designs.
This is to protect the brand value and reduce replica listings.