Motam Woodworks Terms & Conditions of Sale for all purchases.
1. Introduction
Terms and Conditions apply to Your purchase of any Products from Us on Our Website or by telephone or email. We may amend these Terms at any time to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience.
All purchases made on this website are governed by these Terms & Conditions at any time although the Terms & Conditions governing any purchase will be those in effect at the date of your order. If you order goods after we have published any changes you will be bound by those changes. Accordingly, you should check prior to each order to ensure that you understand the precise Terms & Conditions applicable to your site visit or purchase. Please read these Terms and Conditions and the documents linked to these Terms and Conditions carefully. You will need to accept these Terms and Conditions before We will accept Your order.
We may amend these Terms and Conditions at any time to ensure that We remain compliant with relevant laws and regulations and/or to reflect any changes to Our business operations. The Terms and Conditions governing Your purchase will be those in effect at the date of Your order. If You order Products after We have published any changes, You will be bound by those changes. Accordingly, you should check Our Terms and Conditions prior to each order to ensure that You understand the precise Terms and Conditions applicable to Your purchase.
We have tried to make these Terms and Conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have.
If You have a query about these Terms and Conditions or do not accept them, please contact Us: Email – [email protected]
2. Definitions and Interpretation To make these Terms and Conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below: “Product(s)” means the product(s) which are available for purchase, and described, on Our Website; “Terms and Conditions” means these terms and conditions of sale which You can access on Our Website; “Website” means www.motam.co.uk. “Working Day” means any week day excluding public holidays; and Bank Holidays “You” / “Your” means you as Our customer.
3. Placing an order
This section sets out how a legally binding contract will be formed between You and Us.
You may purchase Product(s) from Us by placing an order on Our Website. You must be 18 years or over to place an order and be authorised to purchase the Products.
You are responsible for ensuring that the information You provide to Us is correct (including Your email address and delivery address for the Products ordered), otherwise We may not be able to confirm Your order and deliver the Products to You.
We will send You as soon as possible an email to the email address You have provided to Us confirming receipt of Your order, Your payment, Your order number and personal details (“Order Acknowledgement”).
No order has been accepted by Us until We have received payment from You or a third party finance provider and have sent You an Order Acknowledgement. A contract will be formed when We accept Your order in accordance with this paragraph but You will still have the right of cancellation in accordance with section 9 below.
We will contact You if Your order has not been accepted. This will usually be because:
the Product(s) are unavailable;
We cannot authorise Your payment;
You are not allowed to purchase the Products from Us;
We are not allowed to sell the Products to You;
We require additional information from you;
There has been a mistake on the pricing or description of the Products.
4.Product Specifications
Our furniture is made from different material and accordingly appearances may vary. Some woods will mellow with age and exposure to sunlight. When we use natural wood the furniture may have wood splits, wood filling, knots etc. This does not affect Your statutory rights and as such, if You believe that the condition of the Product(s) delivered to be faulty or not as described, then please read section 9 below.
5.Age Restrictive Products
Some items we sell are age restricted, each clearly marked as such in the product description, and cannot be sold to people under the age of 18. We prefer to take payment for these items by credit card, but also reserve the right to carry out further age verification checks if necessary.
If we have been unable to satisfactorily confirm your age by other means, then you will be contacted and asked to send to us proof of your age by post or email in the form of a copy of your driving licence, passport etc.
To ensure there is no delay in receiving your order - email a photo or scan of your driving licence, clearing showing your name, (billing) address and age to [email protected]
Only when we have verified you are over 18 will your order will be shipped. A note will be added to your account, the image will be deleted, and you will not be asked to provide it again.
6. Prices
The price of the Product(s) is as notified to You by email or as indicated on the order pages when You submit Your order to purchase the Product(s) on the Website (as applicable). All prices are in Pounds Sterling, include VAT, where appropriate, at the prevailing rate and are subject to any promotional offer or discount.
The prices displayed on Our Website are for online purchases and promotions only and are not transferable to sales through any other means.
We take all reasonable care to ensure that the price of the Product advised to You is correct. However, it is always possible that, despite Our best efforts, some of the prices for the Products may be incorrect. If We accept and process Your order where a pricing error is obvious and unmistakable and could reasonably have been recognised by You as mispricing, We may end Our contract with You and refund You any sums You have paid.
7.Payment
You can pay by credit or debit card at the time of order. The price of any Product is the price in place at the date and time of Your order. You undertake that all details You provide to Us for the purpose of purchasing Products which may be offered by Us on Our Website will be correct; that the credit or debit card which You use is Your own and that there are sufficient funds or credit facilities to cover the cost of any Products. We reserve the right to obtain validation of Your finance, credit or debit card details before accepting Your order.
Payment will be taken in full at the time of the order.
8.Delivery
Please check the measurements and delivery access to Your home. It is important to check the measurements of Your Products by visiting Our Website or by emailing Us. Please ensure that there is adequate doorway and stair access. We cannot accept any liability for any extra costs incurred by You as a result of incorrect or incomplete measurements or information supplied by You.
We are only able to deliver to addresses in the United Kingdom mainland (including mainland Northern Ireland). Delivery to certain postcodes may take longer than others.
Although the majority of Our Products are in stock and can be delivered to You within 5-10 working days, certain items such as made to order furniture will be delivered at a later stage.
In the unlikely event that there is an issue with Your Product(s) on arrival, please notify Us upon becoming aware of it. We will require You to provide certain information about the reported fault (including a photograph of the damage) to enable us to investigate and resolve the issue. Nothing in this paragraph affects Your statutory rights.
9. Cancellation
Cancelling before delivery You can cancel an order by contacting us, but should You wish to cancel an order please try and can give Us as much notice as possible.
Your rights to cancel where You change Your mind
If You are a consumer (i.e. not buying the product(s) in the course of Your business, trade or profession), then You have the right to cancel Your order within 14 days after delivery of all the Product(s) You have ordered without giving any reason – the “cancellation period”.
The cancellation period will expire after 14 days from the delivery date. After this 14 day period has expired We do not accept returns of any Products purchased unless faulty or not as described.
To exercise Your right of cancellation, You must contact Us via email within 14 days from delivery with Your intention to return the Product. You may use the below cancellation form but it is not obligatory. I/We hereby give notice that I/We cancel my/our contract of sale of the following goods: Ordered Date: Ordered Number: Received on: Your name: Your address: Date: Reason for cancelling:
If You have received the Products relating to the order You wish to cancel, You must return these Products to Us within 14 days from the date of Your cancellation. We ask that You try to return Your Products to Us in or with their original packaging* to protect the Products while they travel back to Us. If You wish to use Your own packaging, please ensure that this provides adequate protection for the Products.
Except where Your Products are faulty or not as described, You will have to bear the direct cost of returning any Products to Us.
If You decide to cancel Your order, We will reimburse You for all payments which We have received from You in relation to Your order, including the cost of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive option offered by Us), less any return fees
We may make a deduction from the reimbursement for loss in value of the Products supplied up to the total price of the Product, if the loss is the result of damage caused whilst the Product was under Your care.
We will make the reimbursement without undue delay, and no later than: 5 days after the day We receive back from You the Products supplied; or (if earlier), 14 days after the day You provide evidence that You have returned the Products to Us; or if no Products were supplied to You, 14 days after the day on which We are informed about Your decision to cancel the order.
We will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise. You will not incur any fees as a result of the reimbursement. We may withhold reimbursement until We have received the Products back or You have supplied evidence of having sent the Products back, whichever is the earliest.
10. Your rights where We deliver faulty Products
By law, We are required to supply Products which are as described by Us, fit for purpose and of satisfactory quality. A summary of Your key legal rights is set out in section 11.
Please contact Us, to discuss a resolution including providing a repair, a replacement Product, an allowance or a refund. We will ask You to provide certain information about the Product in question to enable us to investigate and resolve the issue.
Any refunds made to You in respect of faulty products will be subject to Us collecting the Product(s) from You which we will do at Our cost. We will agree a time with You to collect any faulty Products. Please contact Us if You would like to return Your Products using an alternative return method.
11. Summary of Your key legal rights This is a summary of Your key legal rights. These are subject to certain exceptions. For detailed information on Your rights and what You should expect from Us, The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of Your Product, Your legal rights entitle You to the following:
Up to 30 days: if the Products are faulty, then You are entitled to a refund.
Up to 6 months: if the Products can’t be repaired or replaced, then You are entitled to a refund, in most cases.
Thereafter if the Products do not last a reasonable length of time You may be entitled to some money back.
12. Guarantees and claims under guarantee
The provisions of this section apply in addition to Your statutory consumer rights in relation to faulty or not as described Products. These rights are not affected by the guarantee.
We guarantee all Products against faulty workmanship and/or faulty materials for a period of 12 months from the actual date of delivery. In all cases We reserve the right to inspect the Product and verify the fault.
These guarantees do not cover fair wear and tear and natural characteristics of wooden Products including movement in wooden Products; neglect; abuse or misuse of Your Products in failing to follow correct care procedures as outlined in the Owner’s Manual including the waxing of furniture; loss or damage due to fire, smoke, water, lightning, sunlight, weather, rusting, corrosion, theft or explosion; accidental damage or loss or damage caused by a third party.
Should You agree, We will arrange to repair a defective Product free of charge. Alternatively, at Our sole discretion, an allowance may be made for You to arrange a local repair. We reserve the right to offer a refund if a repair is not acceptable. If a repair is not possible or practical, We will offer You, at Our discretion, a replacement or a refund. Should a replacement no longer be available or circumstances determined by Us make a replacement impractical, it may be replaced with a part that closely matches it. We reserve the right to send out an independent third party furniture specialist to inspect and, if You agree, repair Your furniture.
If a refund is given under the terms of the 12 month guarantee, We reserve the right to deduct from the refund a reasonable amount in line with the amount of use You have had from the Product, prior to reporting the fault.
13. Privacy & Confidentiality
Information You provide to Us remains confidential. We are committed to protecting Your privacy. We will only use the information that We collect about You in accordance with applicable data protection legislation and Our Privacy Policy available on our website. Please note that when You agree to these Terms and Conditions, We shall consider that You have also read and understood Our Privacy Policy in its entirety.
14. General terms
In purchasing a Product, You represent and agree that You are buying the Product solely for Your personal use, and not for business reasons (for example resale or commercial distribution).
These Terms and Conditions are only available in English. No other languages will apply to these Terms and Conditions.
You may not transfer any of Your rights under these Terms and Conditions to any other person.
Only You and Us have any rights under these Terms and Conditions. No other person shall have any rights under these Terms and Conditions.
You may not use Our trademarks or intellectual property without Our prior written consent.
If You are a consumer, then nothing in these Terms and Conditions will affect Your statutory rights.
If any of these Terms and Conditions are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms and Conditions shall remain in full force and effect.
The laws of England and Wales apply to these terms and conditions and any dispute between You and Us and You hereby agree to the non-exclusive jurisdiction of the Courts of England and Wales.
These terms and conditions together with Your order form set out the whole of Our agreement relating to the supply of Products to You by Us.