Terms and Conditions
Please read these Terms & Conditions carefully before using this Site. By using this Site, whether you order from Moko Bespoke Furniture or not, you expressly understand and agree to all Moko Bespoke Furniture ‘s Terms & Conditions. If you do not agree to all these Terms & Conditions, please stop using this Web Site immediately.
1.1. “Seller” means Moko Bespoke Furniture, in the following also referred to as “Moko Bespoke Furniture”, “us”, or “we”.
1.2. “Conditions”, means the terms and conditions set out in this document and any special terms and conditions agreed in writing by the Seller.
1.3. “Users” refers to anyone who uses the Website in any way, including for browsing.
1.4. “The Buyer” or “the Client” means the person who buys or agrees to buy any Goods or Services from the Seller.
1.5. “Goods” or “Products” means the commissioned bespoke items and Services, which the Buyer agrees to buy from the Seller.
1.6. “Price” means the price for Goods and Services. Moko Bespoke Furnitures is not VAT registered, therefore all prices are VAT-free.
1.7. “Contract” means the contract for Goods and Services agreed upon and signed by the buyer and the seller.
1.8. “Site Survey” means the visit following the completion of sale paperwork.
2. Terms and Conditions Applicability
2.1 Everything on this Website is subject to these Terms and Conditions.
2.2. By using the Website in any way, the user is treated as having explicitly accepted these Terms and Conditions.
2.3. All contracts for purchase of bespoke Goods and Services are only governed by these Terms and Conditions.
2.4. By entering into a buying contract with Moko Bespoke Furniture, the Buyer explicitly agrees to these Terms and Conditions only.
2.5. Any variation to these Terms and Conditions, including any special terms and conditions between the parties, shall be inapplicable unless agreed in writing by Moko Bespoke Furniture.
3. Intellectual Property Rights & Patents
3.1. All copyrights, database rights, trade marks and other intellectual property rights in any and all aspects of the Website including but not limited to photographs, texts, graphics, design, other images, sound and their selection and arrangement, all software (including but not limited to applets, compilations and source codes) and all other materials on the Website are owned by Moko Bespoke Furniture and its affiliates, or
3.2. Have been licensed to Moko Bespoke Furniture or its affiliates by their content and technology providers or other rights holders so that Moko Bespoke Furniture or its affiliates can use such material as part of their Website.
3.3. Users are only allowed to use the Website and the material contained in the Website as set out below. If users wish to do anything else with any of the material, written permission from Moko Bespoke Furniture or the owner of the rights in that material must be obtained.
3.4. To the best of Moko Bespoke Furniture’s knowledge, the Goods sold to the Buyer will not infringe any patent, trade mark, registered design or copyright of any third party but the Moko Bespoke Furniture shall in no circumstance be liable to the Buyer in respect of any such infringement.
3.5. Please note it is the responsibility of the client to ensure designs supplied to Moko Bespoke Furniture do not infringe copyright and/or design laws. Note that Moko Bespoke Furniture shall not be held liable if any such client’s design or requirements infringe copyright laws.
4. Using this Website
4.1. Users may access any part of the Website.
4.2. Users may electronically copy and print in hard copy any individual page for their own personal use for the purposes of placing an order with Moko Bespoke Furniture.
4.3. Users are not allowed to copy or use any material appearing on the Website for any commercial purpose at all.
4.4. Users are not allowed to copy or otherwise use any copyright, trade mark or other intellectual property notices (whether belonging to Moko Bespoke Furniture or its affiliates or licensed to Moko Bespoke Furniture or its affiliates by their third party rights owners, for use on the Website) except as specifically permitted in these Terms and Conditions, without the written permission of the owner of that trade mark.
4.5. Users are not allowed to remove any such copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Website.
5. Website Disclaimer
5.1. The information in this Website is provided free of charge and on an “as is” basis.
5.2. Moko Bespoke Furniture is not liable for any action users may take as a result of relying on any information provided in this Website or for any loss or damage suffered by users and their relatives as a result of users taking this action.
5.3. Moko Bespoke Furniture uses reasonable efforts to make sure that all material and information contained on the Website is correct but subject to the above statement about fraudulent misrepresentation:
5.3.1. Moko Bespoke Furniture does not accept any liability for any error in the material or information, in the case of (a) force majeure, (b) the Buyer failed to care for the Goods in an appropriate manner; (c) materials were supplied from third parties.
5.3.2. All material and information contained on the Website is only provided for the purpose of providing information about Moko Bespoke Furniture and the Goods and Services it supplies.
6. Changes to Moko Bespoke Terms and Conditions
6.1. Moko Bespoke Furniture reserves the right to make any changes to these Terms and Conditions without prior notice.
6.2. By browsing the Website users are explicitly accepting that they are bound by these Terms and Conditions. Therefore, users should read The Terms and Conditions in full.
6.3. Variations to these Terms and Conditions, whether in relation to any Sale or Service Contract or otherwise shall only be effective if posted on this Website in accordance with the above paragraph or where specifically accepted and agreed by us in writing.
7.1. “Conditions” means the Terms and Conditions set out in this document and any special terms and conditions agreed in writing by the Seller.
7.2. “Delivery Date” means the date specified by the Seller when the Goods are to be delivered to the Buyer, providing that no element of force majeure prevents the delivery, in which case a new Delivery Date will be agreed upon between the Buyer and the Seller.
7.3. “Delivery Location” means the location specified by the Buyer in the initial contract. If for any reason, the Buyer decides to change the Delivery Location, additional costs may incur.
7.4. “Installation Date” means the date by which installation of the Goods shall be started by the Seller providing that no element of force majeure prevents the installation, in which case a new Installation Date will be agreed upon between the Buyer and the Seller.
8. Price and Payment
8.1. All transactions are in British Pounds (GPB) only.
8.2. Prices are liable to change at any time without prior notice, but changes will not affect orders, which we have already been accepted.
8.3. “The Price” shall be the price set out in the written quotation.
8.4. First Quote and one revision are free. Please note further amendments to a quote, will be charged at £30 per additional quote.
8.5. A detailed payment schedule will be given to the Buyer prior to entering into a sale contract.
8.6 The payment schedule is as follows:
- For all orders below £500, a one of payment with order is required.
For all orders above £500:
- To secure a project, 50% payment with order.This payment constitues the deposit.
- The balance is due on completion of the project. This final payment is due prior to delivery.
- The deposit is non-refundable.
8.7. All payments shall be made via bank transfer or cash according to each individual invoice.
8.8. If the Buyer fails to make any payment on the due date then, without prejudice to Moko Bespoke Furniture’s right to retain all deposits already paid. Moko Bespoke Furniture shall also be entitled to rescind the contract or suspend any deliveries to the Buyer.
8.9. If the Buyer fails to make payment when due or overdue according to each individual invoice, interest shall be charged at the rate of 2% above Natwest Bank Plc’s Base Rate for each day, beginning with the day payment becomes due until the day payment has been received in full. It shall accrue at this rate after as well as before any Court Judgment.
9. Goods and Samples
9.1. The quantity and description of the Goods and Services shall be set out in a written quotation.The client is responsible for checking the quote in full with regards to materials and dimenstions prior to its acceptance. Once the quote has been accepted and the contract has been signed between the buyer and the seller no changes will be possible.
9.2. The Goods shall be manufactured and supplied in accordance with the description contained in Moko Bespoke Furniture’s written quotation and contract.
9.3. Moko Bespoke Furniture may from time to time make changes to the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.
9.4. Moko Bespoke Furniture shall not permit any alteration or variation to the quotation unless such alteration has been authorised in writing (by email or letter).See paragraph 8.4.
9.5. The Design work provided by Moko Bespoke Furniture remains the property of Moko Bespoke Furniture and shall not be used or forwarded to any third party, unless authorisation has been provided by Moko Bespoke Furniture in writing.
9.6. Wood is a natural product. Consequently, wood samples that are produced and shown by Moko Bespoke Furniture may vary in patterns, colour and grain. Therefore it is important to keep in mind that the sampled woods may differ in patterns, grain and colour from the actual woods used in a project. Samples remain the property of the Seller, unless specified otherwise.
10. Warranties and Liabilities
10.1. With the exceptions as set out below, all conditions, warranties or guarantees relating to fitness of purpose, merchantability or condition of the Goods (whether express or implied by statute or common law) are hereby excluded.
10.2. Warranty is invalid until full payment has been received.
10.3. Warranty does not include serviceable items (for example, door and drawer adjustment, lamp change).
10.4. Labour guarantee against faulty workmanship is a life-long guarantee, which is non transferable.
10.5. Subject to the conditions set out below Moko Bespoke Furniture warrants that the Goods will correspond with the quotation at the time of delivery and will be free from defects in material and workmanship. The above life-long warranty is given by Moko Bespoke Furniture and is subject to the following conditions:
10.5.1. The Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods and Services has not been paid in full and on the due date(s) for payment.
10.5.2. The above warranty does not extend to parts, materials or equipment not manufactured or provided by the Seller, in respect of which the Buyer shall only be entitled to the benefit any such warranty or guarantee as given by the manufacturer to Moko Bespoke Furniture.
10.5.3. The above life-long warranty is invalid if the Buyer mistreated the Goods, or did not care for the Goods in the appropriate manner, according to the Written Care Instructions.
10.5.4. If Moko Bespoke Furniture has at the request of the Buyer entered into a contract (“the Sub-contract”) with any third party specified by the Buyer to do the installation of the Goods, Moko Bespoke Furniture hereby assigns to the Buyer all rights of action which Moko Bespoke Furniture may have in respect of the said Sub-contract. In consideration of this, the Buyer hereby agrees that the Buyer will not at any time hereafter bring or take any action or proceedings or make any claims whatsoever against Moko Bespoke Furniture in respect of any matter arising out of the Sub-contract.
10.5.5. Moko Bespoke Furniture does not take any responsibility for fitting, if conducted by a third party.
10.5.6. If Moko Bespoke Furniture has at the request of the Buyer entered into a contract (“the Sub-contract”) with third party specified by the Buyer to collect and/or deliver the Moko Bespoke Furniture’s Goods, Moko Bespoke Furniture hereby assigns to the Buyer all rights of action which Moko Bespoke Furniture may have in respect of the said Sub-contract. In consideration of this, the Buyer hereby agrees that he will not at any time hereafter bring or take any action or proceedings or make any claims whatsoever against Moko Bespoke Furniture in respect of any matter arising out of the Sub-contract.
10.5.7. In case of fitted furniture of any kind, unless the Buyer has supplied Moko Bespoke Furniture with drawings indicating the position and specification for gas, water, electrical and heater ducting, no responsibility will be accepted by the Seller from any issues arising from this lack of information. The specifications and positions for all items must be verified by the Buyer or an Architect or a Builder or a Contractor.
10.5.8. As the Seller has to direct contact with any of the Buyer’s utility suppliers, the Buyer is responsible for any leak.
10.5.9. Faulty appliances are subject to manufacturers warranty.
11. Delivery, Delivery address and Delivery Charges
11.1 Goods Delivery shall be made to the address specified by the Buyer. The Buyer shall make all necessary arrangements to take delivery of the Goods whenever they are tendered for delivery.
11.2. If the site conditions prove to be unsuitable, additional charges may be incurred.
11.3. Moko Bespoke Furniture shall not be liable for any loss or damage whatsoever whenever due to failure by Moko Bespoke Furniture to deliver the Goods (or any of them) promptly or at all.
11.4. If the Buyer fails to take delivery of the Goods or fails to give Moko Bespoke Furniture adequate delivery address and instructions at the time stated for delivery (excluding of any cause beyond the Buyer’s reasonable control or by reason of the Moko Bespoke Furniture’s fault), then without prejudice to any other right or remedy available to the Seller may:
11.4.1. Store the Goods until they can be delivered to the Buyer, who will be charged a reasonable costs (including insurance) for storage; or
11.4.2. Sell the Goods at the best price readily obtainable (after deducting storage and selling expenses) and charge the Buyer for any excess over the contractual price or charge the Buyer for any financial shortfall, below the price of the Contract.
11.5. We will deliver Goods and Services to the address supplied by the Buyer when ordering.
11.6. The Seller is not responsible for any delay in delivery caused by the unavailability of someone to take personal delivery of the Goods or Services. 11.7. If the Buyer prefers to collect his Goods, it is then the Buyer’s responsibility to organize their collection at his cost, in which case Moko Bespoke Furniture shall be under no liability whatsoever to the Buyer for any indirect loss, damage, expense or inconvenience suffered by the Buyer arising out of the Buyer’s arrangements for the Goods collection.
11.8. Delivery charges vary by location, type and combination of the Goods ordered.
11.9. An Estimated Delivery Charge will be given to the Buyer by phone or email when the order is placed but the actual Delivery Cost will be confirmed by email.
12. Acceptance of Goods, Returns and Refunds
12.1. Once delivered, the Good ordered will become the responsibility of the Buyer and, except in relation to Goods that are damaged or faulty when delivered or have been incorrectly delivered, we will not accept any liability for their loss, damage or destruction after they have been delivered.
12.2. The Buyer shall be deemed to have explicitly accepted the Goods 24 hours after delivery unless the Seller has received written notice of defect with photos within those 24 hours. Passed those 24 hours, the Goods are not refundable.
12.3. All commissioned and bespoke manufactured Goods are not refundable unless they are faulty or not contractual.
12.4. If Goods are found to be refundable according to paragraph7.4., Moko Bespoke Furniture will either rectify the error or refund the Buyer via bank transfer within 30 days. The refunded Goods will have to be returned to the Seller.
Measurement of all hand-made Goods may very slightly vary from those stated on the quote or any other documents due to the nature of wood, which is a natural and living material, slight colour and grain variations between individual pieces of furniture might occur too.
14 Cancellation / Suspension
14.1. If the Buyer fails to make any payment due to Moko Bespoke Furniture (whether under the same contract or otherwise) on the due date, Moko Bespoke Furniture may, without prejudice to any other available remedy, suspend further transfer or delivery of Goods or performance of Services for as long as the Buyer fails to pay his debt or if the Buyer cancels any outstanding order or the undelivered balance thereof, without any liability to the Buyer in respect of such suspension or cancellation. In such case, the Buyer shall indemnify the Seller against any loss, damage, liability or expense suffered or incurred by reason of such suspension or cancellation, including but not limited to inventory storage costs. Payment for such loss, damage, liability or expense shall be due within 5 calendar days of date of invoice.
14.2. Once an order is placed with Moko Bespoke Furniture, the Buyer shall not be entitled to cancel this order or to require the Seller to suspend or defer any delivery to the Buyer under any such order, except with the written consent of the Seller.
14.3. The Seller’s obligation to provide Goods and Services hereunder is subject to change and / or unavailability of the Seller as a result of sickness, accidents, acts of God and any other unforeseeable reason or unavoidable situation, unforeseen circumstances or any other cause beyond her control, in which case any and all payments shall be returned to the Buyer with the understanding that there will no further liability with respect to this agreement.
15. Titles and Responsibility
15.1. The responsibility of Goods shall pass to the Buyer at the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, at the time when the Goods are rendered.
15.2. Regardless delivery and the passing of responsibility of the Goods, or any other provision of these Conditions, the property of the Goods shall not pass to the Buyer until Moko Bespoke Furniture has received full payment of the price of any Goods and Services agreed to be sold to the Buyer for which payment is then due.
16. Remedies for the Buyer
16.1. If the Buyer rejects any ordered Goods, he then shall have no further rights whatsoever in respect to the supply of such Goods. Moko Bespoke Furniture will be in no obligation to supply the contracted Goods.
16.2. Where the Buyer accepts or has been deemed to have accepted any Goods, then Moko Bespoke Furniture shall further have no liability to the Buyer in respect of those Goods.
16.3. Moko Bespoke Furniture shall not be liable to the Buyer for late delivery or short delivery of the Goods.
17. Insolvency or Changes in the Buyer Circumstances
17.1. Moko Bespoke Furniture is entitled to cancel any contract or suspend any further deliveries without liability to the Buyer, without prejudice to any other right or remedy available to the Seller:
17.1.1. If the Buyer is found insolvent at any time from placing the order, or
17.1.2. If the Buyer as an individual or a firm becomes bankrupt or subject to an administration order. If an encumbrance takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
17.1.3. If the Buyer ceases, or threatens to cease to carry on business, or
17.1.5. If there is any change whatsoever in the ownership of the Buyer, or the Buyer sells or otherwise disposes of any part of his business or assets without the prior notice to Moko Bespoke Furniture; or
17.1.6. If the Buyer does anything to bring the name of the Seller into disrepute.
18.1. If Moko Bespoke Furniture has been instructed to install the Goods, the cost of installation shall be set out in the Contract and shall be in accordance with the specification agreed at the date of the Contract.
18.2. Moko Bespoke Furniture shall be under no liability whatsoever to the Buyer for any indirect loss and/or expense or inconvenience suffered by the Buyer arising out of any delay or for whatever reason in completing the installation by the Installation Date.
19.1. Unless otherwise agreed in writing, the Buyer shall be bound to accept over-runs or under-runs not exceeding five per cent of the quantity ordered.
19.2. Unless otherwise agreed in writing, Goods are sold to manufacturing tolerances customarily accepted in the trade.
20. Stock and Delivery Dates
20.1. Due to the nature of handmade items, we cannot guarantee permanent or continuous availability of all Goods.
20.2. We will only dispatch when all the items of the order have become available in stock.
20.3. Non-stock items will be made and will therefore carry longer delivery times than stock items. They will be dispatched as soon as they are available.
21. Overseas orders
21.1. Please contact us.
22. General Guarantee and Returns Policy
22.1. In case of damaged Goods due to the delivery, the Buyer needs to notify Moko Bespoke Furniture in writing within 24 hours of delivery. Moko Bespoke Furniture only accepts the return of Goods which have been damaged in the delivery organised by the Seller or if they have manufacturing faults. In any case, the Seller has to accept in writing for the return of the Goods.
22.2. The Buyer is responsible for the costs of returning the Goods to the Seller.
22.3. When sending a return, the Buyer must take reasonable care to see the Goods reaches the Seller undamaged and we therefore strongly recommend that you send it by registered post or carrier.
22.4. Goods must be sent in their original packaging. Buyers should return any such Goods to:
Moko Bespoke Furniture
11-12-13 Gelder road
Phone: +44 (0)7979 152 106
22.5. If Buyers are resident overseas they are responsible for liaising with local authorities to ensure that the Goods are returned under the appropriate Customs Duty relief so as to ensure that any exchanged items dispatched by us as a result of your return do not attract further duty charges (as applicable).
22.6. We will process returns as soon as they arrive, which will usually take up to 5 working days, except during extremely busy periods.
22.7. We reserve the right to charge an administration fee of 10% of the value of the Good(s) for returns.
22.8. When returning Goods on which you have received any promotional or other discount the refund will only cover the price you paid.
22.9. All Goods have a lifetime guarantee provided that the Buyer does not mistreat the Goods or fails to care for the Goods as per our Care Instructions, in which case, the warranty of the Goods is void.
23.1. Once a product has been given to the courier or shipping company, Moko Bespoke Furniture shall not be liable or responsible for any damage to those Goods.
23.2. Moko Bespoke Furniture’s total liability for any claim howsoever arising shall not exceed the price of the Goods paid by the Buyer.
23.3. Moko Bespoke Furniture shall not be liable for any loss of profits, wasted time or any indirect, special or consequential losses whether any such losses or wastage arise from a breach of contract, negligence or in any other way and irrespective of whether Moko Bespoke Furniture was or ought reasonable to have been aware of the possibility of such losses.
23.4. For clarification, Moko Bespoke Furniture’s liability for:
(a) death or personal injury resulting from its negligence or that of its servants or agents;
(b) breach of any condition as to title or quiet enjoyment of or in relation to any Goods supplied by it under any agreement for hire or sale;
(c) under Part I of the Consumer Protection Act 1987;
(d) fraudulent misrepresentation or
(e) in relation to any other liability, including any liabilities under sale of Goods or supply of Services legislation, that may not by applicable law be excluded or limited; is not excluded or limited by this agreement, even if any other term of this agreement would otherwise suggest this.
24. Delay and Failure to Perform
If the delay or failure to perform is due to any cause beyond Moko Bespoke Furniture’s control, no liabilty shall apply with regards to any breach of any Contract, which arises by reason of any delay in performing, or any failure to perform, any of its obligations in relation to any Goods or Services.
25.1. Our employees or agents are not authorised to make any representations concerning the Goods unless such statements are confirmed by Moko Bespoke Furniture in writing.
25.2. Subject to the above statement about fraudulent misrepresentation, if the Buyer enters into a Contract, the Buyer acknowledges that they do not rely on any such unconfirmed representations.
26. Governing Law and Contract Formation
26.1. Users or Buyers may order bespoke Goods or Services via telephone, email, or in person from Moko Bespoke Furniture.
26.2. Moko Bespoke Furniture will confirm by email or by telephone the particulars of the order(s). That acceptance will be deemed complete and for all purposes to have been effectively communicated to the Buyer.
26.3. Acceptance by Moko Bespoke Furniture does not preclude its right to cancel an order or any part of it at any time in the event that it is unable to fulfill the contract for whatever reason and is subject to cancellation terms.
26.5. Any contract for the sale of bespoke Goods and Services via telephone, email or in person will be deemed to have been concluded in the United Kingdom.
26.6. Any such contract will be interpreted, construed and enforced in all aspects and respects in accordance with the Laws of England, and Users or Buyers as well as Moko Bespoke Furniture irrevocably submit to the exclusive jurisdiction English Courts.
This Terms and Conditions were last updated in January 2016.