Termes et conditions
The following terms and conditions apply to visitors and loyal customers of www.mobelaris.com. When visiting our website, please note the terms and conditions as follows.
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.
Prices of Products
Pricing & Payment Agreement
Conformity of Goods
Delivery of Products
Refusal of Delivery
Transfer of Perils
Faulty or Damaged Products
Warranties and Guarantee
Risk & Responsibility
Each of these terms operates independently
The Brexit questions
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. 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 "Supplier" means Mobelaris, 85 Great Portland street, London, W1W 7LT. IMPORTANT: This is just an administration address, if you want to return an item please contact us at [email protected]
1.9 "Terms and Conditions" means these terms and conditions but will also include any special terms and conditions agreed in writing by the Supplier;
1.10 “Working Days” means Monday to Friday from 10 am to 5 pm GMT excluding all Public and bank holidays in England and Wales.
1.11 "Website" means www.mobelaris.com
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 (including 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.
2.7 Adding your personal data (as telephone or email) you allow our team to contact your for order updates or marketing purposes.
3. ORDERING PRODUCTS
3.1 To place an order the Buyer must purchase online following the steps to place the order until you receive notification that your order has been placed successfully.
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.
3.4 The supplier can cancel the order at any time withouth reason by notifying the customer and providing refund and proof of refund by email.
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.
4.1.1 For Norway and Switzerland prices displayed on the website are excluding VAT and local import fees and customs taxes will need to be paid locally in guidance with import tax rules. The courier will contact you to arrange this directly.
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.
4.4.1 The prices on our site are UK VAT inclusive. Foreign orders may be subject to import duties and taxes, which are levied once a shipment reaches its destination country, you must check with your local authorities to find out what charges are applicable.
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 order, 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 this 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.
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 We offer a delivery service in accordance with the timescales shown against each Product on our site. Please note that delivery timescales are estimates. You can find out more about our Product delivery by reading the information on the Delivery page of our site.
7.2 Your estimated dispatch date will be as set out in a dispatch confirmation sent by email. This dispatch date indicates when we expect to send the Products to our delivery partner. Please refer to the Delivery page of our site to find out more about our dispatch and delivery process and how long after dispatch you should expect the Products to be delivered. Although we will make every reasonable effort to ensure your Products are dispatched and delivered within the estimated timescales, unfortunately we cannot guarantee that they will not be affected by unforeseen issues affecting the manufacturer of the Product or our delivery partners. If we are unable to meet the estimated dispatch or delivery date, we will contact you with a revised estimated date.
7.3 Your delivery will be completed when we deliver the Products to the address you gave us. If no one is available at your address to take delivery, we will leave you a note with information about how to rearrange delivery. If you have not accepted delivery after three attempts by us, we may treat the contract as having been cancelled by you in accordance with the terms of clause 9 below.
7.4 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 the street level/kerbside, by pallet which will not be removed, between 9 am and 4 pm 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 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. Larger items arrive on a pallet service and the courier will not remove the pallet. These are packaged this way to avoid damage during transportation. 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.
7.5 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;
7.6 Greenland, Iceland, Faroe Islands, Balearic Islands, Svalbard, Jan Mayen, Malta, Cyprus, Madeira, DOM-TOM (Overseas departments and territories of France)
>7.7 Your order will be handled and delivered by an independent courier service. We do not accept responsibility for delays incurred by the independent courier service.
Our logistics partner will deliver your order to a ground floor entrance (unless an upgraded delivery service is specified). This service is available within certain areas only, and a surcharge will apply. If you would like us to arrange a specific day of delivery, or if you have a time critical order, please contact us ([email protected]) and we will do all we can to arrange accordingly but cannot guarantee this. Due to Covid-19, upgraded deliveries into your home may be restricted.
7.8 Products delivered by one of our couriers have a maximum of 2 delivery attempts. If delivery fails again because someone is not available to accept it, or you have supplied an incorrect delivery address, you will be charged in full for re-delivery, even if delivery was originally offered free or at a discounted rate.
7.9 Once your order has been dispatched you will receive a confirmation with a tracking number and an estimated date of arrival. If after 7 days of this estimated date of arrival you haven’t received your purchase, you must inform our Customer Support team ([email protected]) so we can investigate and ensure goods get to you as soon as possible. We will not be held responsible for goods undelivered after 14 days if you have not informed us of their non-delivery.
7.10 Please note we can only delay the delivery of your order for up to 14 days. Please make storage arrangements of your own should you not be ready for delivery within this time frame or contact us on [email protected] to advise of your requirements and we will try to accommodate your requirements and advise of any extra costs.
7.11 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.
7.12 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. Please carefully inspect your packages when they arrive. If packaging is open or damaged, shows signs of being torn or squashed, please mark the delivery note as 'damaged' in the signature box on the proof of delivery (including hand held electronic capture devices). If not, we won't be able to claim to the courier and so no refund will be possible. You may also choose to refuse the delivery and mark as 'damaged' (the goods will be returned to us). Please take photos of the package, whenever possible, and send them to us at [email protected]
7.13 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.
7.14 Before disposing of the box, please make sure the goods are in perfect conditions, no returns will be accepted without their original package.
7.15 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. For Norway and Switzerland we will require the customer PID to deliver orders as this is a requirement from local Customs and Couriers and is required for customs clearance. The details are entered once on the system and are secure, not accessible and remain private to the customer. They are not held by Mobelaris on the customer account. If customs fees have been paid by the customer, we will not refund these if you are returning an item due to change of mind and we will not cover any return customs charges.
7.16 Delivery of small parcel size items to Sweden will be delivered to a pick up shop only for collection from there.
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 cust[email protected] within 14 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 arranged as soon as the Supplier is able, from the date that the Buyer notifies the Supplier of a defect. For claims of this nature, we only offer replacements.
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 For in stock items, after payment has been received we are unable to make any changes to your order. This includes changing the delivery address, delivery options and cancelling items. If the order has been returned back to us due to no fault of our own (insufficient delivery address details or your unavailability) you may be charged for a re-delivery.
11.3 You may cancel your contract with us for standard and instock goods you order at any time providing your goods have not already been dispatched. To cancel your order you must notify us in writing to [email protected] quoting your name, order reference and reason for cancellation which is used solely for recording purposes.The supplier can cancel the order at any time without reason by notifying the customer and providing refund and proof of refund by email.
11.4 For made to order items (items not in stock that have to be manufactured) you have 14 days to cancel your purchase from the moment you place your order with us. If you wish to cancel after 14 days, you will be charged for the full price of the product/s. This does not affect your statutory legal rights.
11.5 Mobelaris does not offer a free return service. The Buyer has the right to make their own arrangements to return the product.
We do not cover the delivery charge for unwanted goods returned. However, if you need to return an item because it is faulty, or because of something we have done wrong, we will not charge you for the return/collection.
We do not accept responsibility for items lost or damaged in transit back to us. If you are returning your purchase by mail we recommend that you get proof of postage.
11.6 The Consumer Buyer cannot exercise their right to withdraw on orders regarding custom-made products after 7 days of placing the order since at that point the manufacture commences and we cannot cancel with the supplier.
11.7 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 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 and can be up to 30% of the original purchase price.
11.8 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.
11.9 Before returning your purchase, please ensure the goods are in the same condition as they were originally sent. Unwanted items must be returned in a fully resalable condition, which includes being in the original, unmarked and undamaged packaging. Please check your goods carefully before disposing of the packaging, we can not arrange a collection for items that are un-boxed.
We do not provide additional boxes.
11.10 For all returns, we may apply a 15% restocking fee upon the return of your order. This will be based on the condition of the products and we will contact you first to discuss the condition of the order. It is highly recommended that you take photos of the product/packaging before you send it back to us and we will provide photos of how the product and package has been received.
Disposing of the packaging of the goods or any damaged goods that won't be returned - after agreed with Mobelaris team - will be a responsibility of The Buyer.
12. WARRANTIES AND GUARANTEE
12.1 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.
12.2 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.
12.3 However these entire Clauses will not apply if a fault arises due to:
12.4 Abnormal use, any use other than personal, commercial 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
12.5 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.
12.6 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.
12.7 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.
12.8 The Supplier requests that the Goods are returned in the original packaging with adequate insurance during the return journey.
12.9 Within 30 days of their return to the Supplier, the Supplier will make an inspection as to the condition of the Goods.
12.10 If the Supplier / Manufacturer accepts that the Goods are faulty then the Supplier / Manufacturer will make arrangements to send a replacement in line with the estimated times provided by the manufacturer.
12.11 If 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.
12.12 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.
13.1 We do not cover the delivery charge for unwanted goods returned.
13.2 If your item is faulty we will offer a replacement or repair. We reserve the right to process a full refund and it will only be considered as an option if a replacement or repair:
- is not possible
- would be too expensive, given the nature of the product/defect
- would be very inconvenient for the customer
- cannot be completed by our factory within 12-18 weeks
13.3 For all returns, we may apply a 15% restocking fee upon the return of your order. This will be based on the condition of the products. We will contact you first to discuss the condition of the order. It is highly recommended that you take photos of the product/packaging before you send it back to us and we will provide photos of how the product and package has been received.
13.4 We will not refund any duty fees or taxes paid at customs for the initial receipt of the goods for orders sent to Norway and Switzerland. If an item arrives damaged we will offer a replacement or refund the product price and delivery (if applicable, see section 13.2)
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.
18. THE BIG BREXIT QUESTIONS
18.1 At Mobelaris.com we want our customer experience to be a seamless one, therefore, we have contracted our couriers to deliver all goods throughout Europe ‘DDP’ but Norway and Switzerland.
What Is Delivered Duty Paid (DDP)?
Delivered duty paid (DDP) is a delivery agreement whereby the seller assumes all of the responsibility, risk, and costs associated with transporting goods until the buyer receives or transfers them at the destination port. This agreement includes paying for shipping costs, export and import duties, insurance, and any other expenses incurred during shipping to an agreed-upon location in the buyer's country. With regards to you, the customer's experience when buying from Mobelaris.com , very simply - nothing changes. Please see the links below with regards to DDP: https://www.tradefinanceglobal.com/freight-forwarding/incoterms/ddp-delivery-duty-paid/
Thank you for visiting Mobelaris!