MODISH TERMS & CONDITIONS

Refund policy
Cancellation of made-to-order products
Should you wish to cancel your made-to-order or made-to-measure product for any reason, it is unlikely that we could sell it to another customer at full selling price. In respect of these products our usual refund policy does not apply and products cannot be returned or exchanged unless faulty.*


*None of the above conditions affect your statutory rights when goods are faulty, or not as described. For your rights of cancellation under the Consumer Protection Distance Selling Regulations please see above Terms & Conditions.

 

 

1. Use of the website

1.1 Access
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.

1.2 Registration
You warrant that:
The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
You will notify us immediately of any changes to the Personal Information by contacting us by e-mail, or calling us on between 9am-5pm.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

1.3 Indemnity
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your Personal Information.

1.4 Our rights
We reserve the right to:

modify or withdraw, temporarily or permanently, content from this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

1.5 Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

1.6 Privacy
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable UK Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information and a password. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (eg the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website ("User Information"). We may collect this information even if you do not register with us.
You should be aware that this site is being monitored and may capture information about your visit that will help us improve the quality of our service.
We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with the registration we have with the Data Commissioner's Office. We use your information only for the following purposes:

Processing your orders;
For statistical or survey purposes to improve this Website and its services to you;
To serve website content and advertisements to you;
To administer this website;
If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive) Regulations 2003.

Your Personal Information may be disclosed to other businesses within the Modish Partnership and to reputable third parties who will help process your order. Modish requires all such third parties to treat your personal information as fully confidential and to fully comply with all applicable UK Data Protection and consumer legislation from time to time in place. We will not release your Personal Information to any company outside of the Modish Partnership for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
We use Cookies to keep track of your current shopping session to personalise your experience and so that you may retrieve your shopping basket at any time - if you do not accept Cookies you will be unable to use this Website.
Please check back frequently to see any updates or changes to our privacy policy.

2. Purchase of products

2.1 Orders
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.

2.2 Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
You click the box acknowleging you are aware he products are bespoke so unable to cancel and have read the terms conditions. The order is placed after checkout is complete. You will be guided through the process of placing an order by a series of simple instructions on the Website.
We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from Modish.
Order acceptance and the completion of the contract between you and us will take place on the collection or despatch of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel an order
Non-acceptance of an order may be a result of one of the following:

The product you ordered being unavailable from stock.
Our inability to obtain authorisation for your payment.
The identification of a pricing or product description error.
You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
The contract will be concluded in English.

2.3 Contract cancellation
Please note that your right to Cancel or Return Products does NOT apply to Products which fall into the following categories unless they are faulty:

Goods made to your specification
Please see our Refund policy for further details.


3. Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.

3.1 Wood Products
Wood is a natural material and its natural behaviour is to move (shrink, grow, twist, warp, bend etc). While the company endeavours to control quality and use quality materials, allowances must be made for this natural behaviour and in sizes of cut timber components. Descriptive sizes are guidelines only and machining tolerances should be allowed.
The company is entitled to change the specifications of machined components without notification and change the tolerances when it deems appropriate.

3.2 Poly Vinyl Products
Descriptive sizes are guidelines only and machining tolerances should be allowed.
The company is entitled to change the specifications of machined components without notification and change the tolerances when it deems appropriate.


4. Promotional discounts
Discounts and promotional discount codes offered by Modish are valid only for use as part of a purchase made via www.diyshutterkits.co.uk  unless otherwise stated.

5. Services
The company is entitled to withdraw services or make changes to services and fees without notification.

5.1 Measuring services
Measuring services are not provided by the company and although it may provide advice or guidance you agree fully to indemnify, defend and hold us, and our officers, directors, employees, and agents , harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of recommendations and advice given by the company unless in writing and agreed by the company.
Customers agree the company, its employees and appointed agents are not liable for costs caused by survey or administration errors.
You acknowledge and agree that your purpose for asking advice is for purchasing products supplied by the company. If information provided by the company is used for any other company's products or purpose you agree the company, its officers, directors, employees, and agents cannot be held liable.


5.2 Installation Services
Installation services are not provided by the company and although it may provide advice or guidance you agree fully to indemnify, defend and hold us, and our officers, directors, employees, and agents , harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of recommendations and advice given by the company unless in writing and agreed by the company.

5.3 Confirmation
The company works on a first come, first served basis. Full Payment is required to proceed with the order. Product availability can only be confirmed after payment.
The goods ordered by the customer are made-to-order by the company for the customer, which is why the company particularly insists that there can be no right for the customers to cancel or withdraw after order confirmation.

5.4 Time Of performance
The company undertakes to use its best endeavours to adhere to any delivery period quoted to the purchaser, but at the same time shall not be of the essence of the contract and the company shall not be liable in respect of any delay caused by reasons beyond the company’s control, nor for any consequential loss, resulting thereof..

5.5 Use of Services by Other Companies, Contractors or trades
Other companies, contractors or individual trade persons that use our services without prior written agreement signed by the company partners will be considered to be commercially exploiting the company, it’s expertise and resources to make financial gain. The company is entitled to recover all fees and costs, including but not limited to all legal costs the company determines are owed and to terminate any and all further contracts.

6. Guarantee
The company undertakes to repair or replace any item any item manufactured by it which proves defective as a result of faulty material or workmanship within 14 days of colllection or delivery. The company also reserves the right to charge for labour or delivery charges arising from that defect. Damage due to accident or of service calls for this nature.
The net balance is payable to the company on completion. The presence of any alleged defect does not constitute reason for with-holding payment. Any such defect will be duly investigated and dealt with under the terms of the guarantee. Interest will be charged on any unpaid accounts at 5% over the base rate for the time being of the company’s bank. There is no exception to the above and this condition will be rigorously enforced.

Damage caused by buyer or a third party (installer, delivery company) not in the service of the company cannot make any claim against the company under the guarantee.

6. General

6.1 Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

6.2 Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.

6.3 Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:

any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
any loss of goodwill or reputation; or
any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

6.4 Severance
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

6.5 Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

6.6 Survival
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

6.7 Entire agreement
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Modish and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.

7. Law
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Any levies or taxes imposed by the Government prior to installation will be added to the final invoice. The terms and conditions shall not be construed so as to affect the statutory rights of the customer.


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