Terms and Conditions
The following Terms and Conditions apply to all transactions that take place on this website. We will treat each order for goods as an offer by you to purchase the goods subject to these Terms and Conditions. The placement of an order indicates your acceptance of these Terms and Conditions. Please read them carefully and print a copy for future reference.
1. General Information
1.1 "Buyer" means the person and/or organization that buys or agrees to buy the Goods from the Supplier;
1.2 "Consumer" shall have the meaning as described in section 12 of the Unfair Contract Terms Act 1977;
1.3 “Consumer Buyer” is a Buyer who is a Consumer.
1.4 "Contract" means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.5 "Goods" or “Products” means the items that the Buyer agrees to buy from the Supplier;
1.6. “Made to Order Goods,” means items, which are currently out of stock but are part of our offering of “Standard Goods”. They can also refer to colour or fabric options that are not available for choice online but can be fulfilled. So, for example, where the Buyer chooses the fabric and finish of furniture that is currently not in stock, this is made to order.
1.7 “Bespoke Goods” means items which are custom made, which have been modified to the Buyer’s own taste, adapted or altered in a way by the Supplier in accordance with the Buyer’s own specification and choice. So, for example where the Buyer changes the dimension of a sofa, this is a Bespoke Good.
1.8 “Standard Goods” are goods which are not “Made to Order Goods” and where the Buyer has to choose from our offered options on fabric or materials. So, for example, where the Buyer chooses a painting and can only choose from the 4 colours available this is a Standard Product.
1.9 "Supplier" means Mobelaris, 85 Great Portland Street, First Floor, London, W1W 7LT.
1.10. "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier; 1.11. "Website" means www.mobelaris.com
1.12. “Working Days” means Monday to Friday from 9am to 6pm GMT excluding all Public and bank holidays in England and Wales.
2.1. These Terms and Conditions apply to all contracts for the sale of Goods by the Supplier to the Buyer and will prevail over any other communication, agreement or documentation from the Buyer. Nothing in these Terms and Conditions is intended to affect a Buyer’s statutory rights as a Consumer.
2.2. If the Buyer accepts delivery of the Goods, then this shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions.
2.3. Any special conditions which apply will be set out in an email to the Buyer and will form part of these Terms and Conditions.
2.4. These Terms and Conditions can only be varied if the Supplier specifically agrees in writing.
2.5. The Supplier is entitled to vary these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions (icluding any special or varied terms and conditions accepted by the Buyer upon purchase).
2.6. Any complaints by the Buyer must be in writing to the Supplier’s address stated in clause 1.8 above.
3. Ordering Products
3.1. To place an order the Buyer must use the Order process described on our Frequently Asked Questions frequently asked questions
3.2. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
3.3. If the Supplier is unable to supply the Goods (where it has become discontinued or obsolete) then the Supplier will notify the Buyer. The Buyer can either choose alternative goods or can receive a full refund within 30 days.
4. Prices of Products
4.1. The price of the Goods is inclusive of VAT and as displayed on the website and as the Buyer has finalised their choice of made to measure goods. Prices exclude delivery charges as detailed on the website, unless there is a current promotion being advertised. The total price, including VAT and delivery, will be displayed and confirmed upon checkout before the order is confirmed.
4.2. . Payment of the price plus any applicable VAT and delivery charges must be made in full before order is processed.
4.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price).
4.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be offered the opportunity to cancel the order before the despatch of the goods.
4.5 In the event a product is listed at an incorrect price due to the above (see clause 4.4) the Supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
4.6. Payment is taken in full at the time of ordering, regardless of the specified lead-time stated.
4.7. Rules for use of discount codes: Discount codes are only accepted within dates and times give, discount code should not be used out of these date due to mistakes made by Mobelaris
4.7.1. Discount codes you get from our newsletter or other promotions cannot be combined with other discounts. It is not possible to use two discount codes in the same order. If you have two discount codes, you must therefore choose which one you want to use.
4.7.2. The Supplier cannot refund your discount amount in retrospect after you have made your purchase.
5. Pricing & Payment Agreement
5.1. The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
5.2. The Supplier reserves the right to refuse any order without liability.
5.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
5.4, Where any payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the delivery of any Goods until full cleared payment is received by the Supplier.
5.5. Where the Buyer has chosen to pay via “Bank Transfer” please note that stock is not held until full payment has been received and the Supplier will confirm stock allocation once payment has been received.
6. Conformity of Goods
6.1 Reasonable variations in the colour or in the dimensions are not considered as a defect.
6.2 The Supplier cannot accept any responsibility of any variation in colour caused by the Buyer’s browser software or computer system.
6.3 The Supplier uses high quality materials. Some of them have natural character, which may not be considered as a defect. This includes variations in shade, texture, pattern, colour or grain.
7. Delivery of Products
7.1 The Manufacturer / Supplier will deliver to a central warehouse, or such other address as it may advise on its website from time to time (the “Delivery Address”). Due to the nature of our logistics process, e.g it is a third party service, buyer can not pick up their order.
7.2 The Buyer must be aware that all risk in all Goods passes to the Buyer at the time of delivery of the Goods to the Delivery Address and that as from such time, including during any subsequent transit time, the Buyer shall be responsible for the Goods and responsible for any additional costs connected with the Goods, including transit, import duties, local taxes and insurance costs. Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, the Buyer will be entering into a contract directly with the third party carrier. The Supplier will provide to the Buyer details of a selection of third party carriers and their terms and conditions upon request from the Buyer. The Buyer can contact the Supplier at [email protected] If a prospective Buyer wishes to use another third party carrier, then the prospective Buyer should contact the Supplier at [email protected] before ordering.
7.3 The Supplier will use all reasonable endeavours to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third party carrier, but a specific time frame cannot be guaranteed. However when the Supplier cannot adhere to an agreed date the Supplier will notify the Buyer to agree an alternative date.
7.3.1 Shipping lead time on the website states 7-21 days despatch which is the estimated time of shipping from the Manufacturer. Most items are sourced for the Far East so shipping times are approx 4 weeks plus up to 5 days for customs clearance in the UK. During January and February lead times are expected to be longer due to Factory Holidays causing a delay and lead times would be up to 14 weeks during this period. Outside of these months we usually amin to deliver within 8 to 10 weeks. Due to extrernal factors controlling the dlivery we cannot give express delivery, we cannot guarantee a date until we have control of the goods and we cannot give compensation for delays.
7.4 The Supplier (Mobelaris) will not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date.
7.5 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address. For any country outside of the United Kingdom, delivery will be taken to street level/kerbside, between 9am and 4pm Monday-Friday only. For the United Kingdom Goods will be delivered to street level/kerbside between 9am and 4pm Monday to Friday. Should the Buyer require additional service such as Goods being taken into the room of your choice or white glove delivery (packaging removal) this will need to be requested in advance and any extra charges for this service will need to be paid before final delivery. Please note that any items deemed as parcel Goods will be delivered between 9am and 5pm and properties will be carded if the delivery is missed.
7.6 Should the Buyer require delivery to any of the following locations, our third party carriers cannot guarantee that they will be able to deliver. The Buyer must always ask the Supplier for confirmation that the carrier can deliver, and if so the extra delivery charge will need to be paid by the Buyer;
Greenland, Iceland, Faeroe Islands, Svalbard, Jan Mayen, Malta, Cyprus, Madeira, DOM-TOM (Overseas departments and territories of France)
7.8. It is the Buyer’s responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection or receipt from a third party carrier. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Supplier by email to [email protected] on the day it collects the Goods or receives them from the third party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write “Collected Damaged'.
7.9. Buyers must take care when opening packaging. The Supplier cannot be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn / cut
7.10. Undelivered consignments – Any items returned to the third party carrier as failed deliveries due to buyers not being available will charged by the third party carrier for a second delivery. This also occurs as a result of incorrect delivery addresses being provided. If this should occur please contact us at [email protected] for more information.
7.11 It is the Buyers responsibility to pay all duty fees to customs, especially in Norway or Switzerland. The Supplier is not liable or responsible for any charges incurred due to receiving goods in such countries where applicable.
8. Refusal of Delivery
8.1 Should the Buyer refuse the delivery of an item that is not faulty, we will deduct a return fee from any requested refund.
8.2 If the Buyer decides to refuse the delivery of a custom made item that is not faulty, the Buyer relinquishes any right to a refund.
8.3 Should the Buyer wish to request a new delivery after refusing an order of an undamaged product, whether an in-stock item or custom made item, the Buyer will have to cover the delivery costs in advance.
9. Transfer of Perils
9.1 The Supplier does outsource the shipping of Goods to reliable and well-known logistics companies. As such, the Supplier does not handle the Goods directly.
9.2 Shipping is not serviced by Mobelaris at mobelaris.com. If not otherwise requested, the ordered Goods will be handed over on the Buyer’s behalf to a transport company.
9.3 As soon as the Good(s) have been handed over to the transport company the responsibility for coincidental damage or degradation of the ordered Goods is transferred to the transport company.
10. Faulty or Damaged Products
10.1. It is every Buyer’s duty to fully inspect Goods.
10.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier. The Supplier will expect the Buyer to accept the delivery nonetheless. In most cases, the packaging protects the Goods from any damage.
10.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective in that they do not comply with the Order, or the Goods received differ from the order, then the Buyer must notify the Supplier by email to [email protected] within 7 days of the date of receipt. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
10.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier’s and the Buyer wishes to make a claim of defect or damage, then:
10.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer’s complaint.
10.4.2 If the Supplier agrees to replace the product then they will make arrangements with the Buyer to collect the damaged or otherwise defective Goods from the Buyer and replace them. The replacement Goods will be delivered to the Delivery Address in accordance with clause 6 at no extra cost. The new item will be considered a new order and our delivery times will apply. The Supplier will cover the cost of shipping back to the warehouse as well as the cost of the delivery of the new item to the Buyer’s address.
10.4.3 The supplier will examine the Goods and determine whether the defect is the fault of the Buyer or the Supplier.
10.4.4. Where any fault lies with the Supplier, in view of the Goods sold, a replacement will normally be dealt with within as soon as the Supplier is able, from the date that the Buyer notifies the Supplier of a defect. However, we reserve the right to offer a refund. Refunds are normally paid within 30 days of the date that the Buyer notifies the Supplier of a defect, which is required by law.
10.5. Where returned Goods are found to be damaged due to the Buyer’s actions then the Buyer will be liable for the cost of remedying such damage.
11.1. This clause refers to additional rights, which Buyers who are consumers may have.
11.2 In addition to any other rights, consumers have statutory rights to cancel the contract for any Goods by contacting the supplier in writing within 7 working days following the day after the consumer collected the Goods or, if later, received the Goods from a third party carrier and will receive a refund.
11.3. Where Consumer Buyers exercise their statutory rights to cancel then the Goods must be returned by the Buyer, at the Buyer’s expense, within 7 days of cancellation. The Buyer is under a duty to take care of the Goods until they have been returned to the Supplier. The Buyer requests that in the case of such cancellations Goods be returned in the original packaging with adequate insurance during the return journey.
11.4. Where a Consumer Buyer exercises their statutory rights to cancel then they will receive a refund of all monies paid for the Goods, except for any costs associated with return postal/transit charges in respect of the Goods it returns to the Supplier. This will be made using the same method of payment that the Consumer Buyer used when purchasing the Goods.
11.5 The Consumer Buyer cannot exercise their right to withdraw on orders regarding custom-made products.
11.6. If the Consumer Buyer exercises their statutory right to cancel the contract, but has not taken care of the Goods until they have been returned to and received by the Supplier, or does not return the Goods to the Supplier in their original and undamaged packaging or fails to return the Goods to the Supplier, then the Supplier shall be entitled to deduct from its refund to the Consumer Buyer (as set out in clause 8.4) all such amounts as are reasonably necessary for it to repair or replace the Goods and/or their packaging and/or recover the Goods from the Consumer Buyer (as appropriate). This amount is at the discretion of Mobelaris tioand can be up to 30% of the original purchase price. Our returns process is available here
11.7 If the Consumer Buyer receives a faulty, damaged, or incorrect product and the defect of the product was not caused by the Consumer Buyer, such as improper handling of the shipper, temperature or weather conditions we will arrange a suitable solution depending on each specific case circumstances.
12. Returns and Refund Policy
12.1 The Supplier offers a 7-day returns period for all of Goods. If the Buyer is not happy with any Goods they can return the Goods for any reason.
12.2. Where the Buyer wants to take advantage of the 7-day returns policy then the Buyer must contact the Supplier by email at [email protected] within 7 days of the date of collection of the Goods by the Buyer or third party carrier.
12.3 Where the Buyer wishes to return the Goods for any reason, there is an admin/restocking fee of approximately 15%, which is deducted from the product value of the order. Please note that any delivery charges that have been paid will not be refunded.
12.4 Where the Buyer has taken advantage of any ‘Free Delivery’ offers, the original delivery cost in addition to the 15% admin/restocking fee will be deducted from the product value of the order.
12.5 The Buyer has the right to make their own arrangements to return the product back to our Warehouse to avoid deduction of refund.
12.6 The Buyer, at the Buyer’s expense, must return the Goods within 7 days of the Buyer’s notification to the Supplier.
12.7. Goods must be returned in the original packaging with adequate insurance during the return journey and must be in the same condition as when they were dispatched by the Supplier.
12.7.1. The Supplier expects the Goods to be returned in good condition. Within 30 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
12.7.2 If the condition is acceptable then the Supplier must make arrangements to refund the Buyer within 30 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods
12.7.3 If the condition is unacceptable then the Buyer must make arrangements for collection of the Goods within 30 days of the date of the Supplier’s inspection.
12.7.4 Where Goods are not collected by the Buyer or the third party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
12.8.Where the Buyer is returning any Goods from Norway or Switzerland, the Supplier will not refund any duty fees paid at customs for initial receipt of the Goods.
13. Warranties and Guarantee
13.1. In addition to any applicable Consumer and/or statutory rights, the Supplier offers a manufacturer’s guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of five years from the date that the Goods were collected by the Buyer or the third party carrier.
13.2 Otherwise all of our goods are subject to a 1-year manufacturers warranty. This is in addition to your statutory rights as a consumer under the Sale of Goods Act relating to faulty or mis-described goods.
13.3 However these entire Clauses will not apply if a fault arises due to:
13.4 Abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
13.5 Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
13.6 Where Goods are faulty the Buyer must contact the Supplier by email at [email protected] within 7 days of the discovery of the fault or within 7 days of the collection of the Goods where the Goods were faulty on collection or there is any problem with the order.
13.7 Faulty Goods must be returned by the Buyer, at the Buyer’s expense, within 7 days of the Buyer’s notification to the Supplier in accordance with clause 8.2 above.
13.8 The Supplier requests that the Goods are returned in the original packaging with adequate insurance during the return journey.
13.9 Within 30 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
13.10 If the Supplier / Manufacturer accepts that the Goods are faulty then the Supplier / Manufacturer will make arrangements to refund the Buyer within 30 days of the date of the Supplier’s inspection. Refunds will be made using the same method of payment that the Buyer used when purchasing the Goods. The Buyer will also be refunded all reasonable delivery costs.
13.11I f the Supplier does not accept that the Goods are faulty then the Buyer must make arrangements for collection of the Goods within 30 days of the date of the Supplier’s inspection.
13.12 Where Goods are not collected by the Buyer or third party carrier within 100 days of the date of the Supplier’s inspection then the Supplier will assume no responsibility for returning the goods to the Buyer.
14. Risk & Responsibility
14.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer’s instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
14.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
14.3. With all products, it is the Buyer’s responsibility to ensure that the Goods are suitable for the Buyer’s own use.
14.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
14.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause 9.
14.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
15.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liability, which cannot be limited or excluded by law.
15.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
15.3. The Supplier shall incur no liability to the Buyer in respect of any failure to deliver the Goods to the Delivery Address by any agreed date.
15.4. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer’s remedies are limited to damages, which in no circumstance whatsoever will exceed the price of the Goods.
15.5 Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
15.6 The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including telecommunications or computer systems, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations.
16. Each of these terms operates independently
16.1 Each clause or any part at all of these Terms and Conditions are to be regarded as independent of the others. This means that should any clause or any part at all of these Terms and Conditions be found to be unenforceable or invalid it will be severed and will not affect the enforceability or validity of the rest of these Terms and Conditions.
17. Entire Agreement
17.1 These Terms and Conditions shall be interpreted construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.