Terms & Conditions

Modish Living Ltd is Registered in England and Wales and our company registration number is 12797647. Our registered address is Unit 73 Basepoint Enterprise Centre, Terminus Road, Chichester, West Sussex, England, PO19 8FY. Our VAT number is 424386591. Throughout our Terms and Conditions, Modish Living refers to Modish Living Ltd.

Please read through these Terms carefully before placing an order, as they contain legal information. The Terms apply to the use of www.modishliving.co.uk (our site), thus placing an Order through our site, you agree to be bound by the terms and conditions which are set out below. Your acceptance of the Website Terms is given when you use www.modishliving.co.uk as well as when you complete a transaction.

We may from time to time, amend the Terms set out below without any notification. To avoid any disappointment, please read through the Terms posted on the website at the time of order, to ensure you are aware of and comply with the current version. Please feel free to print or save them at the time of ordering.

As part of copyright laws, you may not download, copy, re-use, re-distribute any of the information, including text or images, which are on our site, other than for personal use only (as a customer).

Modish Living has the right to refuse to serve any individual or company.

ORDERS

We, Modish Living, will confirm your order details in writing once you place an order with us. We will send an email confirmation of dispatch when your Goods are ready for delivery. We will have the right to cancel an order at any time prior to delivery.

You are responsible for checking that all the details of your order are correct and suitable for your requirements including measurements, dimensions, product features, access and delivery. If we attempt delivery and cannot access the room of choice due to size restrictions then a failed delivery charge will apply.

As much of the furniture supplied by Modish Living is made using natural materials, such as sustainably sourced timber, reclaimed wood and uncorrected leathers, please note there may be slight differences in shading and tone from what is seen on our website. Images on our website do not 100% represent the colour/shade that is delivered due to variances in natural materials used. Also as images may vary from one device to the other. Colour in timber may also continue to change over time following delivery.

Please allow for +/- 20mm variance on all dimensions as these ranges are handmade using reclaimed wood.

Modish living supplies both standard-sized, bespoke and made-to-order Goods. Bespoke Goods are made-to-order to dimensions selected or supplied by you (the customer). Please note the difference in our cancellation and returns policies with respect to standard-sized, bespoke and made-to-order furniture orders.

When ordering multiple items, we would also recommend you check your colour requests (finishes) to ensure they match (if necessary).

CANCELLATION AND RETURNS POLICY

You may cancel your order without incurring any costs at any time prior to delivery as long as the Goods have not been fulfilled. At this point, you will receive an email confirming your items are fulfilled and ready for dispatch. Should you wish to cancel your order after it has been fulfilled, a Fulfilment Cancellation Charge applies.

Our furniture delivery partners will contact you to offer you a delivery date. Once accepted, this is the day your delivery will be routed. If you subsequently need to cancel that date, a failed delivery charge may apply. If you are not at home to receive the delivery on the agreed date, a failed delivery charge will apply. Failed deliveries are charged the same as returns.

You will, however, be able to return standard items as long as this is within the terms of our returns policy.

If you wish to cancel a bespoke or made-to-order item of furniture, you may do so at any time up to 24 hours after you have placed your order by contacting us in writing at contact@modishliving.co.uk

Most Goods may be returned to us as long as we are notified in writing within 14 days of the delivery. These Goods must not be used or damaged after the delivery has taken place. Items must be returned in perfect condition and in their original, undamaged packaging. Any item returned must not have been assembled (including part assembled), installed, used, or modified. You have a legal obligation to take reasonable care of the Products while they are in your possession. Modish Living are not responsible for the return postage or packages that do not reach us.

We are unable to accept returns on bespoke or made-to-order Products or any Products purchased in our Outlet or Warehouse.

RETURN COST

If you choose to return the items to Modish Living, a full refund of the price paid for the goods will be made once the goods are returned to us and have been quality checked. We endeavour to issue any refund within 10 working days of receipt of your return. If you have selected White Glove delivery service, this additional cost will not be refunded should you choose to return the item.

If you would prefer for us to collect the goods, a charge for collection will apply. Collection costs vary and are dependent on the number of items or locations. For mainland UK and most of mainland Scotland, a charge of £45 for the first product will apply, with additional products carrying an extra charge of £25 each. A charge of £75 applies to some mainland Scottish postcodes, Scottish Highlands, Scottish Islands, Republic of Ireland, Northern Ireland, Isle of Man and the Channel Islands.

The collection costs are chargeable for each attempted agreed collection.

Our drivers will only collect from the original delivery address of your items.

You are under no obligation to use our drivers, however, should you need us to book a collection on your behalf, then you will need to confirm this in writing to us. If we agree to a return, you should make sure you leave the Products well packaged in a safe place where our drivers can collect them. Under no circumstances should the Products be used prior to collection as this could effect your refund.

Our Storage Address may on occasions change, depending on the item. We, therefore, offer the storage address by writing, within 7 days notice.

Nothing in these terms affects your statutory rights as a consumer.

BESPOKE and MADE-TO-ORDER FURNITURE

You (the customer) will not have the right to receive a refund or an exchange for Bespoke and Made-to-Order Goods, apart from if there is a defect or a fault with the Goods. Where a defect or fault is deemed as small and can, therefore, be made good or rectified by Modish Living, Modish Living will have the right to make good. Should your Bespoke or Made-to-Order Goods not be exact in sizing (within 1cm to the measured requirements), you (the customer) will have the right for this to be rectified. You (the customer) will not have the right to cancel the Bespoke or Made-to-Order Goods order, should Modish Living deem the fault, defect or sizing to be of a small nature, thus can easily be rectified.

If Goods are returned due to a defect or fault (see Delivery Policy for notification of defects).

Modish Living does not offer refunds on any items delivered overseas.

DELIVERY POLICY

We aim to give an accurate estimate of lead times on each product page. Due to reasons out of our control, these can be subject to change, but we guarantee to update the customer of any changes as soon as possible.

In some cases, there may be a delay to only one of your items on your order, in which case we can speak to you about a possible split delivery. However please note we are unable to offer split delivery on any items purchased either as a bundle or for orders processed via interest-free.

Product prices include delivery fees where delivery is intended for mainland UK and some mainland Scotland. An additional delivery charge applies for Scottish Highlands postcodes. We are currently unable to offer standard delivery to Scottish Islands, Republic of Ireland, Northern Ireland, Isle of Man and Channel Islands. Upon any order being placed outside of these locations, shipping arrangements will need to be arranged by the buyer, this is not the responsibility of Modish Living. To discuss the collection, contact Modish Living, please see contact details on the website.

You (the customer) is responsible for ensuring the dimensions of your purchase meets your requirements and has suitable access to your room, home, office or other intended use.

For larger items, our delivery service provider will contact you by phone or email, using the contact information provided at the time of order, to confirm a delivery date for the coming 5 days. Once your delivery date has been agreed by you (the customer), delivery will be deemed to take place at the agreed date.

1 - 2 days prior to the delivery, the delivery service partner will contact you to advise of the time slot.

Should you be unable to take delivery at the agreed delivery date, failed delivery charges may apply. If we attempt to make a delivery and cannot access the premises/room of choice due to size restrictions, then a failed delivery charge will be applicable.

Large Deliveries

For large items (such as beds, wardrobes..), we operate a 2-man delivery service to a room of choice. Placement of the item to the room of choice will take place once a satisfactory safety assessment has been carried out by our delivery team/driver. Should the room of choice not meet the safety assessment requirements, then our delivery team/driver will place the Goods in an alternative location. If you have any concerns at all with regards to accessing your required room/premises, please contact us prior to placing an order, see contact details on the website.

Small to Medium Deliveries

For small to medium items, we operate a 1-man delivery service and the item is delivered to just over the threshold of the property.

Please note, it is not the responsibility of our delivery team/driver to move or dismantle any furniture which is already in the room. Nor is it their responsibility to clean the room after your Goods have been assembled or to remove packaging from the delivery address.

On some services our drivers may carry out assembly as part of their service - you may decline this service. If you accept this offer of assembly, the items are no longer returnable.

In the case your item of furniture is being placed on a hard floor, as opposed to a carpeted floor, it is the responsibility of you (the customer) to provide adequate protection for your floor, i.e. soft pads. As many of our items are newly waxed before being delivered, it is the responsibility of you (the customer) to place adequate protection down for carpeted floors, to avoid staining.

Immediate return

Our delivery drivers are under no obligation to accept the return of the Goods being delivered. Should you wish to return the Goods whilst the delivery drivers are still present and they are able to do so, this is at the driver's discretion. The same Fullfillment Cancelation Charge / Return / Collection costs will apply.

Missed Deliveries

Furniture deliveries are agreed in advance of them taking place. Any missed or cancelled deliveries may incur a failed delivery charge.

INSPECTION OF GOODS AND NOTIFICATION OF DEFECTS

Once the goods have been delivered and, if required, unpacked and/or assembled, you will need to inspect the Goods and will be asked to sign an acknowledge receipt. Please note, assembly of goods is only carried out upon request of a white glove service.

Should you appoint a third party to accept your delivery for you, they (the third party) will be deemed responsible to inspect your Goods upon arrival for any damage or defects. Either you (the customer) or a third party acting in your place to receive the delivery, must be of the age of 18+ in order to sign for the Goods.

Assembly & White Glove

Should any item be assembled by our delivery team or unpackaged by our drivers at the delivery address, this must be inspected by you (the customer or your appointed third party) at the point of delivery and before assembly. Any defects must be notified to our delivery team at the time of delivery.

We are unable to accept any return of items that have been assembled, either by you (the customer or your appointed third party) or by our drivers.

Goods that do not require assembly or are not unpackaged by our delivery team at the delivery address, should be unpacked and inspected by you at the time of delivery.

For items delivered by Standard delivery, you must unpack and check for any damage prior to assembly. If there is damage to your item, this must be notified in writing to Modish Living within 24 hours of receiving the goods, by emailing contact@modishliving.co.uk

Failure to notify us within 24 hours of delivery, will result in you being deemed to have accepted the Goods. After acceptance, you shall not be entitled to reject the Goods delivered to you (the customer) by Modish Living.

In the unlikely event, there is damage to your item, Modish Living will engage its third party network of furniture technicians to repair the damage if possible. If this is not possible, a replacement will be offered. The following exceptions apply.

Claims for damage once you have assembled your item may not be supported. Please inspect components and notify us of any damage BEFORE assembling the item.

Claims for damage if an item has been transported to a different location than the one we delivered to cannot be supported.

Claims for defects if you have transported an item out of the UK can not be supported.

Modish Living work with high-quality natural materials such as reclaimed wood, sustainable timber and uncorrected leather. Such natural materials will carry natural marking such as cracks, splits and shakes, in solid timber, and in addition marks, knocks, dents and nail holes in reclaimed wood. Our uncorrected leathers may display scars, creases, variations and branding marks. There are no circumstances in which you (the customer) can reject the Goods delivered by us (Modish Living) on the basis of such defects or failures which are so minor, that your rejection would be unreasonable.

Once a fault or defect has been notified to us (Modish Living) we will endeavour to promptly rectify the issue with you through repair where possible. If this is not possible, we will look to exchange or refund. Nevertheless, we will not remain liable for the Goods if you continue to use them, or if any repairs or alterations are made, by you, to the Goods, without written consent from us (Modish Living).

Please note, repairs and exchanges must be made at the delivery address. We can not accept notification of damage once an item has been moved to another address.

With wood being left natural throughout some products, small splinters may occur. It is the responsibility of you (the customer) to inspect the items for any splintered wood to ensure they do not pierce your skin. It is also the responsibility for you (the customer) to remove any splintered wood accordingly (can often be done through adding a soft wax). In the event it seems unclear for you (the customer) to treat a splintered area, then advise may be given by Modish Living through contacting contact@modishliving.co.uk

Privacy Policy

The Privacy Notice is set out to give you the information you need to understand in detail the level of personal data we collect about you at the times that you interact with us. The Privacy Policy is also set out to help explain how we will store your data and keep it safe.

The policy is covers a lot of information, however Modish Living want you to be informed of your rights so if you have any unanswered questions once you’ve read this, then please feel free to contact us.

Why we hold your personal data

The law around Data protection states that there are various different reasons why a company can collect and process personal data, and this is broken down in to:

Contractual reasons

Wherever there is a need for us to store your personal data due to contractual obligations, such as collecting information about your delivery address and then passing this on to our courier, in order to ensure we deliver any items purchased by you to your address.

Legitimate reasons

At times you may which to contact us a few years after making a purchase to get additional care guide information or advice about your product, at this point we will access your details to find the product purchased so we can idenitify how best offer you advice. We may use your data to for specific legitimate reasons which are expected to be part of running a business, such as identify shopping behaviour or trends, or personalising messages to you which might be seen as an area of interest to you. We could also use your address to send you information which we feel could be of interest to you or the products purchased.

Legal

In situations such as fraud or other crime, the law may require us to collect and process your data.

Consent

There are times where we can collect and process your personal data with consent, such as when you have opted in to a mailing list by ticking a box. Any consent such as this would always be made very clear to you.

How do we collect your personal data?

• When you make a purchase online, even as a guest, we will collect your personal data in order to carry out the transaction.
• Data is also collected if you create an account online, or if you log into your account
• When you purchase an item in store or over the phone that requires delivery..
• When you engage with us through social media.
• When you contact us either by phone, through using our contact form or via email for either product queries, delivery updates or complaints.
• When you write a review about our products or services.
• When visiting our store where a CCTV systems may be on for for security purposes, these systems may therefore record your image during your visit.

What personal data we collect?

• Your full name, billing address, delivery address (if different), telephone number, email address.
• A history of all orders placed.
• Any details of interactions with us either through phone calls, emails, our online contact forms or instore.

We will for example keep details of any conversations we’ve had with you such as about deliveries or complaints. We will also keep details about your interactions, items you’ve viewed on the website, items you’ve added to the basket, any gift codes redeemed, web pages of high interest.

We may at times require and store either proof of address or photo ID (this may include passport or driver’s license) where bank transactions have been flagged due to the billing address not matching the card, or the delivery address being flagged as different from the billing address.

Website data such as the number of visits to our website, and what site you led you to our website. This is from information collected by cookies in your browser. To learn more about cookies, please go to the Cookies section. We also collect personal details that allow us to recommend products which may be of interest to you, such as if you’re searching for a reclaimed tv unit, we can show you other reclaimed TV units, and then possibly other items which would go with this TV.

How your personal data is used?

To ensure we offer our customers a great experience, we combine data about you that helps form a picture of you. This then allows to offer you promotional codes for products that you are interested in, making sure any information such as product launches, new product releases or product offers are all likely to be of interest for you. This is all seen as legitimate interest under the data privacy law, as it’s considered to be something the helps you receive a higher standard of service from us, ensuring you receive more relevant information.

If at any time you wish to amend your data setting with us, then please bear in mind that although you have the right to do this, it may affect some part of our service to you. In order to process any orders may via the website, in-store or over the phone, we will need to arrange delivery to your home. We will therefore require your personal information for this reason, unless you wish to arrange your own pick-up from us in store at from our warehouse. Although in this case, we will still require your name, payment details and some form of ID during your pick-up. If you have requested product swatches or updates on out of stock items, then personal contact information will need to be held for us to deliver this service to you.

Here’s a list of some of the reasons why we may need to store your data:

• To respond to queries or requests
• Processing order
• Arrange deliveries
• Handle complaints
• Offer tailored information
• Sending relevant mailing
• Sending product launch updates
• Process refunds
• Supply VAT receipts
• Product guarantees

Your details need to be passed to third part suppliers for:

• Deliveries to take place
• Store furniture when delaying deliveries

We also need to keep your details for a set period of time to ensure we can fulfil further contractual obligations, such offer refunds when required, offer product guarantees as set out by individual products, send follow up VAT receipt upon request or other such services.

Is your personal data protected?

Personal data is handled with the highest care making sure your data is protected at all times. We take steps to secure your access to your data through password protected portals and we only secure access for transactional information through using “https’ technology. We regularly look to strengthen our security through monitoring our system for possible vulnerabilities and attacks.

How long do we keep your data?

There is a need to keep your data for a period of time to ensure we have enough information to comply with contractual obligations. This includes any orders placed, data will be held up to 5 years. In the case of warranties stretching beyond this period, we will need to extend the period of time with which we hold your data, in order to provide you with sufficient service and support.

Is your personal data shared?

Rest assured, at no time at all to do we sell any of your personal data on to any third party. Your personal data is protected within the business and used solely for business activities which involves giving you a service and/or selling and delivering products to you. However, in order for us to deliver you a high level of service, we share your data with companies that help us achieve this service.

These companies include:

Delivery companies who help us delivery your purchased items to you.

Warehousing team, who help pick, pack and quality check your package and add personal address labels on to your package, who help us get your deliveries out to you.

Professional services such as our providers of interest free credit and furniture protection insurance as well as advertising partners, marketing agencies and web host, all of whom help us run our online business.

Law enforcement and fraud prevention may require information shared to help us prevent fraud, as well as credit reference agencies.

Third party service provider companies which help us manage your delivery, the fulfilment of your order and communications ensuring we deliver a streamlined high level service for you.

Social media sites if you have approved them as a company, plus marketplace where you have placed an order.

Processing of your personal data

We operate on a global scale, including using global platforms to support the running of the business. This means that sometimes we will need to share your personal data with third parties outside of the European Economic Area (EEA) such as United States of America or Canada. This might be required in to process your order and your payment.

We always ensure your data receives the same protection as if it were being processed inside the EEA. All information that gets transferred is done so under the same security as stated in this Privacy Notice.

Personal data and your rights

We want to make it nice and easy for your to get a simple overview of your rights with regards to your personal data.

You have the right to request the following:

• personal data we hold about you, which in most cases will be free of charge
• Where inaccuracies are evident of your personal data, you may request for this to be corrected.
• Removed from any direct marketing campaigns through specific or all channels used by us.
• When we hold personal information of you for legitimate reasons, you may ask to stop processing your personal data.

To make any amendments to your personal data, or if you wish to request your own personal data, we will need to protect this confidential information through requesting verification of your identity.

Unsubscribe from marketing

We aim to offer your product launches, new trends and offers through our direct marketing campaigns. When sending direct mail to you via email communication, we always include an “unsubscribe” link. Please click this at any time to unsubscribe from our direct marketing campaigns.

Regulators to contact

If at any time you feel unhappy with the way we are handling your data, you may contact the Information Commissioner’s Office by calling them on 0303 1231113 You can also go online to www.ico.org.uk/concerns

For all overseas customers

If you are a non-UK customer, by subscribing to our mailing list or by providing us with your data, you are consenting to the processing of your personal data. You will have the same right to protection of your personal data and to request this data.

Complaints Policy

We are committed to providing a professional and service to our customers, and aim to resolve any complaints as quickly as possible. To read more about our complaints policy here.

How to contact us

We hope you have found this information useful and that we’ve answered any questions you might have around why we hold your personal data. If you would like to get in contact with us about anything in relation to you personal data, please see below on how you can contact us:

Either call us on 01273 499057 and ask to discuss GDPR, so you can be put through to the right person. Or if you would rather email us, please send an email in to contact@modishliving.co.uk and write GDPR in the title, so we can quickly and easily identify your email enquiry.

Alternatively, please feel free to write to us at:

Modish Living, Unit 73, Enterprise Centre, Terminus Road, Chichester, PO19 8FY