TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions (these Terms) on which we supply any of our made to order products (Bespoke Products) as listed on our website www.emomodernfurniture.com (Our Site) to the consumer (You), and Our Anemo Heads (small size).
Please read these Terms carefully before ordering any Bespoke Products from our site. You should understand that should we accept your order of our Bespoke Products, You agree to be bound by these Terms.
You should print a copy of these terms for future reference.
Information About Us
1.1 www.emomodernfurniture.com is a site operated by Emo Modern Furniture (We/Us/Our). We are registered in the Isle Of Man under company number 028169B. Our main trading address is 3 Woodside Cottages, Braust Road, Andreas, IM7 4ES.
Service Availability
2.1 Our Site is accessible by people worldwide. However, please note that at present we do not accept bespoke fitted furniture orders placed outside the Isle Of Man. All free-standing furniture and other products are delivered at Courier cost to the consumer (You).
Your Status
3.1 By placing an order through Our Site, You warrant that:
You are legally capable of entering into a binding contract; and
You are at least 18 years old.
How the contract is formed between you and us
4.1 After placing an order, You will receive an email from Us acknowledging that We have received Your order. Please note that this does not mean that Your order has been accepted. Your order constitutes an offer to Us to buy a Bespoke Product. All orders are subject to acceptance by Us, and We will confirm such acceptance to You by sending You an email, Facebook Message, Messenger or mobile text message that confirms that you have agreed to the specifications and cost of the Bespoke Product and Initial Payment Confirmation (IPC) . The
contract between us (Contract) will only be binding when Initial Payment
Confirmation is sent.
4.2 We are under no obligation to accept all the items in Your order and where we have sent You an IPC for some items only the other items are not accepted by Us unless confirmed in a separate IPC.
Bespoke Products
4.3 Fully fitted, made to measure Furniture, Cabinetry, Signage, Hourglass Collection, Anemo Heads (large) and other sculptural items. When placing an order for Bespoke Products We will offer You an initial consultation to take place at either Your home or Our Workshops - The Workshops, Braust Farm, Andreas, IM7 4ES (Initial Consultation) in order for Us to get an idea of the Your requirements (the specifications) as well as location for installing the Bespoke Products. We will only carry out the Initial Consultation if Your property is based on the Isle Of Man.
(a) During the Initial Consultation We will discuss with You matters that in Our opinion (Our Advice) You should take into account in respect of Your choice of Specifications such as design of the Bespoke Product, inappropriate choice of materials and colourways and the effect of installing the Bespoke Product in certain places i.e. damp conditions, direct sunshine.
(b)These may be noted and, if so, You will then be provided a facebook or text message in order to confirm Your understanding.
(c) Following the Initial Consultation if required We will provide You with a full detailed description and if required a drawing or Picture of the Bespoke Product along with an estimate (the Estimate) based on the Specifications and giving estimated dates for delivery and installation of the Bespoke Products at Your home.
(d) If You decide to amend or alter any of the Specifications We reserve the right to revise the Estimate. We will not be liable for any loss or damage arising out of Your alteration of any of the specifications or anything undertake on Your instructions, which is against Our Advice.
(e) Should You decide to waive the Initial Consultation and provide the Specifications Yourself, You do so at your own risk. We will be reliant on the instructions given by You and will carry out the making up of the Bespoke Product to Your Specifications. We are not liable for any loss or damage resulting from inaccuracies or undisclosed relevant information in any Specifications given by You.
(f) When placing an order for Bespoke Products You will have to pay an initial payment of 50% of Your Bespoke Products on our Estimate (Initial Payment). The remaining amount ( Final Payment) will become due prior to the delivery and installation of the Bespoke Product at your home. Should You cancel the order once we have accepted it, You agree that the Initial Payment is non refundable and will be in part settlement of Our Claim against you for the breach of the Contract.
Consumer Rights 6.1
Bespoke Products
(a) All our Bespoke Products are either made and/or cut to measure and are bespoke in accordance with your Specifications
(b) You have the right to cancel a Contract at any time for the supply of any Bespoke Products and materials ordered to complete your Bespoke Products but accept that once the materials have been cut to your specifications the Initial Payment is non refundable.
Availability and Delivery
7.1 Availability and Delivery of Bespoke Products will be advised at the point of the IPC.
Risk and Title 8.1
The Bespoke Products will be at Your own risk from the time of delivery.
8.2
Ownership of the Bespoke Products will only pass to You when We receive full and Final payment of the sums due.
Price and Payment
9.1 The price of any Bespoke Product will be as quoted in a private text message or facebook message as the case maybe, except in cases of obvious error.
(a) You will receive notification when your Bespoke Product will be hand
delivered at our nearest convenience. (b) Payment for all Bespoke Products must be via BACS or cheque.
Our Refunds Policy
10.1 If You claim that the Bespoke Product has not been made to Your Specification, We will examine the Bespoke Product and We will notify You of Your refund which will not include the non refundable Initial Payment agreed in the IPC, within a reasonable period of time. We will usually process the refund due to You as soon as possible and in any case, within 30 days of the day We confirmed to You that You were entitled to a refund for the defective Bespoke Product.
10.2 We will refund any money due to You using the same method originally used by You to pay for Your purchase.
Our Liability
11.1 We warrant to You that any Bespoke Products purchased from Us will be of satisfactory quality and reasonably fit for all the purposes for which products of this kind are commonly supplied.
11.2 As all products are unique, from time to time there may be discrepancies between similar products shown on Our facebook page and website, and the actual completed Bespoke Product purchased, as there can be variations in wood grain
11.3 Our liability for losses
You suffer as a result of Us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Materials used for the Bespoke Products purchased by You and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by You and Us at the time your order is accepted by Us.
Written Communications
12.1 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 Facebook or Text Message with information by posting notices on Our Website. For contractual purposes, You agree to this electronic means of communications 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.
Notices
13.1 All notices given by You to Us must be given to Emo Modern Furniture at www.emomodernfurniture.com or @emomodernfurniture Facebook Page or Mobile Text Message or Messenger. We may give notice to You at either @emomodernfurniture Facebook Page or Mobile Text Message or Messenger or email You provide Us when contacting Us when placing an order. Notice will be deemed received and properly served immediately when posted on Our Website, via Our Facebook Page or Text Message or Messenger. All electronic communications are sufficient to prove, provided they were sent to the specified electronic addresses stated on Our Website.
Transfer of Rights and Obligations
14.1 The Contract between You and Us is binding on You and Us and on our respective successors and assigns.
14.2 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.
14.3 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.
Events Outside Our Control
15.1 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).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our control and includes in particular (without Limitations) the following;
(a) Strikes, lock-outs or other industrial action. (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorism (c) Attack, war (whether declared or not) or threat of preparation for
war. (d) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or
other natural disaster. (e) Impossibility of the use of railways, shipping, aircraft, motor
transport or other means of public or private transport. (f) Impossibility of the use of public or private telecommunications
networks. (g) The acts, decrees, legislation, regulations or restrictions of any
government.
15.3 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.
Waiver
16.1 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, or if We fail to exercise any of the rights or remedies to 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. 16.2 A waiver by Us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by Us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12.
Severability
17.1 If any of these Terms 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.
Entire Agreement
18.1 These Terms 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.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representations, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to which Contract except as expressly stated in these Terms.
18.3 Neither of Us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of Contract as provided in these Terms.
Our right to vary these Terms and Conditions
19.1 We have the right to revise and amend these Terms 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 systems capabilities.
19.2 You will be subject to the policies and Terms in force at the time and that you order Bespoke Products from Us, unless any change to those policies or these Terms is required to be made by law or governmental 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 before We send You the Dispatch Confirmation (in which case We have the right to assume that You have accepted the change to the Terms, unless You notify Us to the contrary within seven working days of receipt by You of the Bespoke Product
Law and Jurisdiction
20.1 Contracts for the purchase of Bespoke 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 Manx law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the courts of the Isle Of Man.