Terms and Conditions
Welcome to the Terms and Conditions for www.moadesign.co.uk By using this site and/or by placing an online order, you are agreeing to be bound by these terms and conditions. From time to time we may change these terms and conditions without prior notice.
MoA Design is a design and manufacture company based in Devon, UK. Registered address, MoA Design, The Barn, 4 Higher Town Court, Rensey Lane, Devon, EX17 6FD
These Terms and Conditions also apply to customers buying Goods in the course of business
If Goods are being ordered from outside MoA Design's country of residence, import duties and taxes may be incurred once your Goods reach their destination. MoA Design is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and MoA Design cannot guarantee that the packaging of your Goods will be free of signs of tampering.
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of MoA Design, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by MoA Design.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property
Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of MoA Design or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.moadesign.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of MoA Design. To find out more please contact us by email at firstname.lastname@example.org
Use of Communications Facilities
When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
- You must not use obscene or vulgar language;
- You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- You must not submit Content that is intended to promote or incite violence;
- It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
- You must not impersonate other people, particularly employees and representatives of MoA Design or our affiliates; and
- You must not use our System for unauthorised mass-communication such as spam or junk mail.
You acknowledge that MoA Design reserves the right to monitor any and all communications made to us or using our System.
In order to purchase Goods on this Web Site you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase.? By continuing to use this Web Site you represent and warrant that:
- all information you submit is accurate and truthful;
- you have permission to submit Payment Information where permission may be required; and
- you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your password. MoA Design accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact MoA Design immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, MoA Design accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
Termination and Cancellation
Either MoA Design or you may terminate your Account. If MoA Design terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If MoA Design terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
MoA Design reserves the right to cancel purchases without stating reasons, for any reason prior to dispatch.
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from MoA Design correspond to the actual Goods, MoA Design is not responsible for any variations from these descriptions.? This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether.? Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select the required size / colour / number / other features of the Goods that you are purchasing.
MoA Design does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
In the event of a sale on our site, custom/bespoke made orders will not benefit from the discounted sale price or coupon code.
All pricing information on the Web Site is correct at the time of going online. MoA Design reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Goods and MoA Design processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price
Promotional codes are to be used not in conjunction with any other offer. Sale items are excluded from offers. These offers are not for resale or publication and only apply to personal orders with all orders being subject to acceptance under MoA Design's standard terms and conditions.
These terms do not affect your legal rights. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
We endeavour to describe all items as fully as possible, to the best of our knowledge, providing as much detail as is known to us together with a full description. However, it should be noted that the items that we are selling are made from reclaimed wood and as such, may in some cases have some age-related wear. Items that are manufactured from reclaimed wood often have marks, dents, variations of surface texture. We aim to ensure that the condition of any item is as reasonable as possible given its age and nature, and would not offer for sale any item that is not substantially complete or in a minimum acceptable condition for display or use. By placing an order, you are deemed to acknowledge the vintage nature of the goods we are selling.
We will take all reasonable steps to pack the goods properly and to ensure that you receive your order in good condition.
We shall not be liable for any defect in the goods arising from wear and tear, wilful damage, accident and/or negligence by you or any third party, if you use the goods in a way that we do not recommend, you fail to follow our instructions, or due to any alteration or repair you carry out without our prior written approval
MoA Design will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
MoA Design aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 24 hours to arrange collection and return. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
Please ensure you thoroughly check your items for any damage at the point of delivery. Once goods are accepted from the courier signed or not signed for no responsibility can be taken by MoA Design for any loss or damage whatsoever. In the unusual event that your item arrives damaged, please do not accept the delivery and call us for a replacement. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
You have a statutory right to a cooling off period. This period begins once your order is complete and ends 7 days after the Goods have been delivered. Goods can only be returned for this reason if goods are still in good condition and packaging intact. You are responsible for paying shipment costs if Goods are returned for this reason.
At MoA Design we offer a no quibble guarantee*. If your item from us fails to make the grade just contact us within 28 days.
If you wish to return Goods to MoA Design for any of the above reasons, please contact us using the details on our contact page to make the appropriate arrangements.
For made to order furniture. If you need to amend or cancel your made to order or Furniture order you may only do so up to 48 hours after you have placed your order by contacting us at email@example.com. After 48 hours, we reserve the right to charge you for costs incurred as a result of your amended or cancelled order. This charge can be up to 50% of the value of the products cancelled or amended.
Events outside our control
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 events outside our reasonable control. This shall include (without limitation) any act, event, non-occurrence, omission or accident beyond our reasonable control such as 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 private telecommunications networks or failure by our suppliers to supply the goods to us which are required to fulfil your order.
Our obligations under these terms are suspended for the period that any such event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to find a solution by which our obligations under these terms can be performed despite the event outside our control. If we have been unable to resolve any such event within three (3) months we shall be entitled to cancel your order without penalty save for refunding to you the purchase price you have paid.
MoA Design makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
Changes to the Service and these Terms and Conditions
MoA Design reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If MoA Design is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Web Site
The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
MoA Design accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
Our liability for losses you suffer as a result of us breaching the contract is strictly limited to the purchase price of the product you purchased and any losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.
Nothing in these Terms and Conditions excludes or restricts MoA Desiign's liability for death or personal injury resulting from any negligence or fraud on the part of MoA Design.
Nothing in these Terms and Conditions excludes or restricts MoA Design's liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.? This term shall apply only within jurisdictions where a particular term is illegal.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings or loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to firstname.lastname@example.org . Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Law and Jurisdiction
These terms and conditions and the relationship between you and MoA Design shall be governed by and construed in accordance with the Law of England and Wales and MoA Design and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.