TERMS & CONDITIONS
Please read this agreement carefully and save it. If you do not agree with it, you should leave Our Website immediately.
1. Information about us
EM Italia trading as Modern Home Living. Registered office at 32High Street, Bilston, West Midlands, WV14 0EP. VAT registration no. 252123642
2. Your status
2.1 By placing an order through our Website, you warrant that
2.2.1 You are legally capable of entering into binding contracts; and
2.2.2 You are at least 18 years old.
3. Our Contract with you
3.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
3.2 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. Your order will be cancelled and there will be no contract between us.
3.3 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories, unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
3.4 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your device display of any colour will accurately reflect the colour of the actual goods.
3.5 If, by mistake, we have under-priced goods, we will not be liable to supply those goods to you at the stated price, provided that we notify you before we dispatch it to you.
3.6 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
3.7 When we communicate with you we do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
3.8 This contract is covered by English Law.
4. Acknowledgement & Acceptance of your order
4.1 Majority of goods are special order products (unless stated otherwise) these are specially manufactured for you. It is important that you appreciate and understand that this order is a legally binding contract. Your statutory rights are unaffected
4.2 Your order is an offer to buy from us. We shall accept your order by [e-mail confirmation]. That is when our contract is made. Our message will also confirm details of your purchase and tell you estimated delivery lead times.
4.3 At any time before the Goods are dispatched, we may decline to supply the Goods to you without giving any reason.
4.4 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
4.4.1 accept the alternatives we offer;
4.4.2 cancel all or part of your order
4.5 We will not be obliged to offer any additional compensation for disappointment suffered.
5. Processing your order and delivery lead times
5.1 You can make any changes to your initial order within 7days.
5.2 All lead times stated on our website are an estimated approximate time scale only (in weeks) it will take for your order to be manufactured and delivered to our UK warehouse.
5.3 Occasionally, the manufacturer of your furniture may be delayed through circumstances beyond our control, which we cannot be held responsible for.
5.4 We shall aim to keep you updated on the status of your order. Please note no financialcompensation will be offered to our customers, in any event, for goods being delayed
6. Arranging your delivery
6.1 Please note if goods are delivered to our warehouse earlier than the estimated lead times then you are expected to accept delivery for the earliest available date, failure to do so will incur storage charges being applied to your account.
6.2 You shall be informed by email or phone once your goods have arrived and are ready for delivery.
6.3 Your delivery date will be scheduled for the earliest available date.
6.4 All timing information provided for the day of your delivery is estimated only, we are unable to provide exact times, however our delivery team shall ensure to keep you updated regarding any delays that may occur.
6.5 Please tell us as soon as you can if there are likely to be any problems that may affect your delivery.
6.6 We will not deliver any goods if access is denied or it is not safely possible.
6.7 If we are not able to deliver the goods in this time due to your fault or something about which you knew, but did not tell us 48 hours prior to the scheduled delivery date, you will have to pay the previously agreed delivery charge for the aborted delivery.
6.8 You may also be liable for reasonable storage charges from the date of an abortive delivery because of circumstances that were within your control.
6.9 Where the abortive delivery results from circumstances within your control we will charge you for redelivering the goods at the normal rate you have been quoted.
7.0 In any event, if delivery is not possible, we will arrange with you, to make a delivery to another address and/or on another date. With your assistance we will arrange a new delivery date as soon as possible after the originally abortive attempt.
7.1 Any deliveries that are made using a third party courier service we are unable to provide a timing window for and goods shall be delivered to the ground floor of your premises only.
7.2 If we agree with you to deliver on a particular day or at a particular time, we will do our best to comply. But no time given is to be treated as contractual. So we are not liable to you for any expense or inconvenience you incur on account of delayed delivery or non-delivery.
7.3 Some Goods will be delivered direct from the manufacturer who will contact you to arrange delivery. When delivery of the Goods has been arranged directly with the manufacturer, you will be subject to the manufacturer's delivery policy.
8. Risk & Title
8.1 The goods shall be at your own risk from the time of delivery
8.2 Ownership of the goods will only pass when cleared funds have been received from the buyer, regardless whether delivery has taken place
9. On Delivery
9.1 Please Note: it is customer’s responsibility to ensure when placing your order, the size of goods will be suitable for your house when delivering, no refund will be given if on delivery you’re doorways, fixtures and fittings will not accommodate the size of goods ordered.
9.2 If you have stairway access to your property with or without an operational lift you are advised to inform us at the time of order. Failure to do so may result in your goods being left on the ground floor.
9.3 All deliveries are carried out by our third party dedicated 2 man home delivery service. Our drivers shall only deliver to ground floor and second floor i.e. bedroom subject to adequate and safe access.
9.4 Our drivers are unable to remove any footwear when carrying out your delivery or assembly of your furniture due to health and safety reasons.
9.5 You are expected to cover any exposed areas within your premises that you feel may risk getting unclean.
9.6 On the day of delivery, please ensure that the delivery team can gain easy access to the room that the furniture is going into.
9.7 We cannot be responsible for any internal / external damages caused.
9.8 Please make sure that the area you want the furniture placed is cleared.
9.9 We do not take away any packaging (unless stated otherwise).
10.0 We are not able to take away your old furniture (unless stated otherwise).
11.1 It is our policy to deliver goods to you as quickly as we can. In return we expect you to assist us to arrange the delivery date promptly once you are advised that the goods are available.
11.2 We would normally expect you to confirm with us a mutually acceptable date for delivery within 1 week of you being notified that the goods are ready for dispatch.
11.3 Delays in accepting delivery by you results in us incurring additional storage and insurance costs.
11.4 In the event that you fail to take delivery within 7 days of notification by us, we will charge you for those costs at the rate of £5.00 per day per order.
11.5 Any outstanding balance on your account is required to be paid in full once your goods have arrived into our warehouse, you shall be notified regarding this.
11.6 If you require goods to be stored for a delayed delivery date, then you are still required to pay the outstanding balance on your account in full.(If applicable)
11.7 Any additional storage charges must be paid prior to delivery
12. Reporting Damages
12.1 Every effort will be made to ensure that the goods you have ordered arrive undamaged, complete and without defects.
12.2 If the Products are found to be either damaged or defective in any way at the time of delivery, then these can also be returned with our delivery team who shall inform customer services for further investigation to continue as stated in below points.
12.3 We shall arrange for a technician to inspect and investigate the product concerned or a replacement item or part to be ordered.
12.4 In the meantime, if the item is usable and safe then you may use the item (only if advised by customer services) as delivered providing good care is taken when in use whilst your replacement item / part is being ordered
12.5 If such damage or defect is discovered after delivery, you must contact us within 3 days of delivery of the product.
12.6 Any claims made for damages after this time period shall not be accepted. Please note you may be required to send images for illustration purposes.
12.7 These provisions are still applicable if goods are signed for as unchecked as any claims made after 3 days of delivery will not be entertained therefore please check all goods thoroughly as soon as possible.
13.1 Majority of our furniture and accessories advertised on our website are not sold from stock and are required to be specially ordered for you (unless stated otherwise)
13.2 For items sold from stock
13.2.1 You can cancel your order for any item ordered online or over the phone at any time before it is dispatched.
13.2.2 If you change your mind after the item has been delivered then you must inform us in writing no later than 14 days beginning on the day after you received the Products.
A full refund shall be provided please contact our sales team on Sales@emitalia.co.uk
13.2.3 You must return the item back to us within 14 days of notifying us in a new and unused condition, in its original packaging.
13.2.4 You are expected to pay for returning the item at your own cost and risk.
13.2.5 Collection of the item can also be arranged at additional cost. Please speak to our sales teams for more info.
13.2.6 Any flat pack furniture item delivered must be in their original packaging and in a re-saleable condition, this must NOT be assembled.
13.2.7 If the product is not in fully re-saleable condition or the packaging is damaged then we reserve the right to refuse a refund on the item, or deduct up to 25% of the original selling price from the refund amount.
13.2.8 Your refund will be in full and will be made within 14 days of us receiving the product(s). You have a legal obligation to take reasonable care of the Product(s) while they are in your possession.
13.3 Special / Made to order products
13.3.1 Majority of our furniture and accessories advertised on our website are not sold from stock and are ordered specially for you, these items cannot be cancelled (if cooling off period is exceeded) or returned once ordered from our manufacturers
13.3.2 Any goods purchased through our website or ordered over the phone have a cooling off period of no later than 7 days from the day of placing your order. Therefore you can cancel your order for a full refund no later than 7days.
13.2.3 Any item that is ordered specially for you or any item that is made to order as per your requirements cannot be cancelled by you either before or after delivery. (other than a above)
13.2.4 Other than (13.3.1) above, once you order goods from us, you cannot cancel the order unless we are in breach of our obligations to you.
14. Refund Policy
14.1 On the occasion where you have cancelled your contract with us within the statutory 14 days cooling-off period we shall process your refund due to you (excluding delivery cost) as soon as possible and, in any case, within 14 days of the day on which we receive the product back from you.
14.2 You will be responsible for the cost of returning the Product to us or us collecting it from you. We can arrange for the items(s) to be collected from you on a proposed date and time at a cost payable by you.
14.3 We are unable to provide a refund or exchange for mattresses which have been taken out of their original packaging due to hygiene reasons
14.4 If any product is damaged / defective you may be entitled to a full refund, however provisions outlined under reporting damages must have been exercised within the correct time frames outlined.
15. Our Liability to you
15.1 We warrant to you that any product purchased from us through our website is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
15.2 Our liability for losses you suffer as a result of us breaching the Contract is strictly limited to any losses which are a foreseeable consequence of us breaching the Contract. Losses are foreseeable where they could be contemplated by you and us at the time the order is accepted by us.
15.3 This does not include or limit in any way our liability for death or personal injury caused by our negligence or under section 2(3) of the Consumer Protection Act 1987 or for fraud or fraudulent misrepresentation.
15.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us
15.4.1 including but not limited to loss of income or revenue
15.4.2 loss of business
15.4.3 loss of profits or contracts
15.4.4 loss of anticipated savings
15.4.5 loss of data however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
16.1 We will not be liable for:
16.1.2 Fair wear and tear or damage caused by negligence, an accident and/or improper use (unless it is our suppliers' or our own negligence).
16.1.3 Damage that occurs as a result of repairs or alterations made without our approval.
17.1 If any of these Terms and Conditions 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.
18. Our right to vary these terms and conditions
18.1 We have the right to revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions 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 and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within 30 days of receipt by you of the Products).
19. Law and Jurisdiction
19.1 Contracts for the purchase of Products through our Website will be governed by English Law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive Jurisdiction of the courts of England and Wales
20.1 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 and conditions, 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.
21. Written Communication
21.1 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 e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication 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.