All Products on this website are sold to consumers on the terms and conditions set out below. Please read these terms and conditions before ordering any Products from our company. You should understand that byordering any of our Products, you agree to be bound by these terms and conditions.
www.modellihome.co.uk is a site operated by Casa Interiore Limited (we). We are registered in England andWales under company number 8716380. Our trading address
is Derwent Bridge House, Gote Road, Cockermouth CA13 0HW and registered office address is at PixelBusiness Centre, 110 Brooker Road, Waltham Abbey EN9 1JH and
our VAT number is 176807474.
The Products on our site are available for purchase and delivery within the UK Mainland only.
By placing an order with us, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.
Your order to us is your offer to purchase the Products, services, and third party warranties you have ordered, on and subject to these sales terms, and subject to our acceptance of your order. You are entitled to withdrawyour order at any time up to the moment that we accept it.
All orders are subject to availability and to acceptance by us, and we will confirm our acceptance to you by sending you an e-mail that confirms that we have accepted your order and are processing it (OrderAcceptance Confirmation). The contract between us (Contract) will only be formed when we send you the Order Acceptance Confirmation. The Contract only applies to those Products we have confirmed in the Order Acceptance Confirmation. We will not be obliged to supply any other Products which may have been part of your order until we confirm such Products in a separate Order Acceptance Confirmation.
Where your order is for a third party warranty scheme or plan for any of our Products (e.g. Staingard Protection), then the following terms apply:
The details, makes and designs of our Products are constantly changing and we reserve the right to changethe specification of our Products without prior notice in relation to future sales. You should check our website for details.
We will endeavour to match the colour and texture of the fabric of your Product to the samples chosen asaccurately as possible, but variations in both the colour and texture may occur.
The measurements of all Products provided are as accurate as possible, but some slight variances may apply.
You may cancel a Contract with us or for any Third Party Warranties within 14 days, beginning on the day you received the Products, with the exception of bespoke trade items – see below. In such circumstances, you willreceive a full refund of the price paid for the Products (less the £60.00 delivery charge) in accordance with ourrefunds policy and subject to inspection once items are returned to our warehouse. We reserve the right to make further deductions from any refund if we find any damage to the product, or evidence of pet hairs and/or smoking.
No order can be cancelled after 14 days from delivery. This clause does not affect other legal remedies that you may have.
To cancel a Contract, you must inform us in writing as soon as possible (but in any event within the 14 days specified above) to arrange for the return of the Products or cancellation of any Third Party Warranties.Products must be returned to us in the same condition in which you received them. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we have a right to retain a reasonable percentage of the purchase price as compensation for any damage to the Products and for our additional costs incurred.
In the situation where we agree to provide services, then you confirm that you request the services beginbefore the end of the cancellation deadline, and you agree that if you
subsequently cancel, you shall pay us an amount for such services which is in proportion to what services have been performed until you cancelled, in comparison with the full coverage of the contract. You agree to pay such amount on demand, and you agree that that we may deduct such amount from any refund which weare obliged to make to you.
If you need to amend your order, please call us on 09194 851116. For any amends to your order, your order will need to be cancelled and replaced with a new order, with delivery timelines working to the date of your new order.
Prior to ordering, please check the dimensions of the Products you are proposing to order to ensure they will fit into your chosen location.
We estimate delivery within 4-5 weeks for our handmade furniture. Please note however that all projected delivery times are, as stated, estimates.
We will endeavour to fulfil your order within the estimated time periods stated above unless there are exceptional circumstances. Occasionally a delivery date may be postponed. This may occur for various reasons for example material shortages or higher than anticipated demand for a Product. We will keep you informed if a postponement is necessary and discuss revised timescales with you. We are not liable for any charges you may incur due to delayed or cancelled deliveries.
For Products sent using our delivery carrier service you are required to sign a Proof of Delivery note to acknowledge receipt of the Products. The signature of the person accepting delivery at the delivery addresswill be proof that you or the person to whom the order is addressed has received delivery and of the conditionof the Product at the time of delivery.
You are required to inspect the Products for visible damage within 2 working days of the delivery date and advise us if damage has been found so that we can arrange a replacement or refund. After this time, we will not accept responsibility for any damage
reported, given the possibility that damage may have occurred after Products have been delivered.
Products will only be taken to a room of your choice subject to a satisfactory health and safety assessment by our delivery carriers. If the Products cannot be safely put into position, our drivers will offer to leave the Products in a place that is acceptable to you. Our delivery carriers are not responsible for dismantling furniture that you may already have in your room or for cleaning the room after furniture has been installed. Orders can be delivered up/down a maximum of 2 flights of stairs. If your property or room of choice requires traversing more than 2 flights of stairs, then delivery will only be possible using a lift.
If you are unable, for whatever reason, to take delivery or allow collection of your Products on the confirmed and agreed delivery/ collection date and/ or time, we reserve the right to charge you an additional £60.00 forany subsequent deliveries/ collections. If the redelivery date passes the original three weeks free storage period you will also be liable for all storage charges.
If you cancel your confirmed and agreed delivery or collection within 48 working hours of the agreed delivery/ collection date and/ or time we reserve the right to charge you 10% of the value of your order for any subsequent deliveries/ collections.
If we accidentally damage a Product in the course of delivery, then our liability for that damage is limited to therepair, refund or replacement of that Product or for a refund of your purchase price.
We endeavour to ensure that our delivery team are polite and exercise all reasonable skill and care in delivering the Product to you and in its assembly (if required). To the fullest extent permitted by law we shallnot be liable to you for any accidental damage to your property or person resulting from delivery of our Products.
The Products will be at your risk from the time of delivery to you.
The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.These prices will be subject to any promotional offer or discount where applicable, include VAT at the prevailing rate.
Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Products correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Products correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Acceptance Confirmation. Payment for all Products must be by credit or debit card, Paypal or Klana.
We accept payment by all major credit and debit cards except American Express. We take full payment for thewhole price and all other charges when you place your order if not placed via our finance partner and when your order is delivered if placed by our finance partner.
When you return a Product to us:
- because you have cancelled the Contract between us within the 14 day period (as specified above under our ‘Cancellation and Amendments of Orders’ Policy), we will process the refund due to you as soon aspossible and, in any case, within 14 days of the day you have given notice of your cancellation and/or returned the Product(s). In this case, we will refund the price of the Product(s) in full excluding any delivery costs and we will arrange for a collection of the Product(s) at no cost.
If we are unable to collect the Product(s) at the agreed time due to your actions, we reserve the right to makea charge for any subsequent collection of the Product(s) for and additional charge of £60.00. Product(s) must be returned to us in a saleable condition and we reserve the right to make a reasonable deduction from the amount refunded to you if there are signs of wear and/or damage to the Product(s).
For any other reason (for instance because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time (please note where we reasonably believe a defect was caused by you this may affect the amount of your refund). We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product.
Under the Consumer Rights Act you have a legal right to reject goods that are of unsatisfactory quality, unfit for purpose or not as described, and get a full refund or an exchange - as long as you do this quickly. Thisright is limited to 30 days from the date you receive your product.
For complaints, please contact us at tim@modellifabrics.com or phone 01949 851 116.
We warrant to you that any Product purchased from us through our site will, on delivery, and for the following 12 months, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for all the purposes for which Products of that kind are commonly supplied.
In the event of a claim under this warranty being made against your Product the following will apply: We willrequire proof of purchase; if you have had the items for less than 6 months we will either arrange a visit to inspect the Products or arrange for collection of your Product at our cost and will carry out an inspection. After 6 months, you will need to provide an inspection at your own cost which can be arranged either by ourselvesor directly by you, as long as approved by Willow & Hall before it takes place. If there is a genuine fault with the Product that is due to faulty workmanship, we will
either repair the Product or provide you with a replacement and refund your inspection cost. In the event of a replacement, you may select an alternative Product but you will be liable to pay any difference in price.
In addition to your legal consumer rights all our Products carry a 15 year guarantee against structural damage to the frame as a result of warpage and/or breakage.
In the event of a claim under this guarantee being made against your Product the following will apply: We willrequire proof of purchase; if you have had the items for less than 6 months we will either arrange a visit to inspect the Products or arrange for collection of your Product at our cost and will carry out an inspection. After 6 months, you will need to provide an inspection at your own cost which can be arranged either by ourselves or directly by you, as long as approved by Modelli Homel before it takes place. If there is a genuine fault with the Product that is due to faulty workmanship, we will either repair the Product or provide you with a replacement and refund your inspection cost. In the event of a replacement, you may select an alternative Product but you will be liable to pay any difference in price.
The guarantee may not be transferred.
The guarantee does not cover fair wear and tear, neglect, abuse or misuse of your Product, loss or damage (including rusting and corrosion) due to unreasonable exposure to water or weather; loss or damage due to fire, smoke, explosion, lightning, sunlight, infestation by animals or boring insects, or theft, or accidentaldamage or loss caused by a third party.
We will not be liable for any direct or indirect loss of profits or other financial loss or damage arising out of defective, damaged or wrongly delivered Products, over and above the value of the Products themselves. This does not affect your statutory rights.
The guarantee is limited to upholstered Products sold and retained in the UK Mainland, and used solely for private and domestic purposes.
If you wish to make a claim please contact us on 01949 851116 or email tim@modellifabrics.com. We will endeavour to repair the defective Products free of charge. If a repair is not possible you will be offered areplacement and only if a suitable replacement is not available will you be offered a refund.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchaseprice of the Product you purchased. This does not include or limit in any way our liability:
For death or personal injury caused by our negligence; Under section 2(3) of theConsumer Protection Act 1987; For fraud or fraudulent misrepresentation; or
For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage andwhich are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits orcontracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
There can be slight variations between fabric batches. The most common variation is that of colour – though the actual variation is often almost negligible or very slight.
Whilst we guarantee to make all your order from the same batch, we cannot guarantee that subsequent orders will match your original order.
We cannot accept any responsibility for fading or discolouration due to exposure to direct or indirect sunlight.Sunlight affects different fabrics in different ways, but sunlight, whether direct or indirect, will nevertheless always affect fabric colour. Darker fabrics, because they have further to fall, are likely to discolour and fademore. Different fabrics, dark or light are liable to fade or discolour at different rates. We also cannot accept any responsibility for fading or discolouration due to exposure or contact with any chemicals sprayed nearby or applied directly.
You can obtain up to 6 free fabric samples from us through the order process prior to ordering our Products toenable you to visualise what the fabric will look like - a postage charge of £3.95 will apply. Additional samples can be purchased for £1.25 each.
While we try to ensure that the Products are as similar as possible to those displayed online and to the fabric samples you receive there may be natural variations.
Applicable laws require that some of the information or communications we send to you should be in writing.When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Modelli Home by post to Modelli Home, Derwent Bridge House. Gote Road, Cockermouth CA13 0HW. We may give notice to you at either the e-mail or postal addressyou provide to us when placing an order, or in any of the ways specified in our ‘Written Communications’Policy. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The contract between you and us is binding on you and us and on our respective successors and assignors.
You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
You warrant that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and you will notify us immediately of any changes to the Personal Information by e-mail. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims,
liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of theConditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
All copyright, trademarks and all other intellectual property rights in all material or content supplied as part of our website shall remain at all times vested in us and is only available for personal non-commercial use. Anyother use of the material and content of the website is strictly prohibited.
Any material downloaded or otherwise obtained through the use of this website is done at your own discretion and risk. You will be solely responsible for any damage to your own computer systems or loss of data thatresults from the download of such materials.
We control and operate the website from within England. Accordingly the laws of England and Wales govern claims relating to, including the use of the website and the materials contained therein. If you choose toaccess our website from outside England and Wales you do so on your own initiative and you hereby agreethat in the event of a dispute between Modelli Home and you the laws of England and Wales will apply at alltimes.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action; 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; impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport; impossibility of the use of public or privatetelecommunications networks; and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remediesto which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with our ‘Written Communications’ Policy.
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of any representation or warranty (whether made innocently or negligently) that is set out in theseterms and conditions or the documents referred to in them.
Each of us agrees that our only liability in respect of those representation and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in thisparagraph limits or excludes any liability for fraud.
We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law orgovernmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 14 days of receipt by you of the Products).
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including
non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising from, or related to such Contracts or their formation (including
non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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