Terms & Conditions
The Modern Furniture Company is the owner of this website. We are a partnership registered in the UK. Our business address is Unit 58 Childerditch Farm Estate, Brentwood, Essex CM13 3HD. VAT number 546 0040 78.
When using this website you are agreeing to these terms and conditions. When using this website you are bound by these terms and conditions.
2. Sale of goods via this website
The Modern Furniture Company supply all the goods advertised on this website. 95% of all deliveries are carried out by our dispatch staff. Occasionally a courier company will be used to fulfil our commitments, for example TNT.
3. Changes to the terms and conditions
Our terms and conditions are subject to amendment. Revised terms and conditions will be submitted on our website for at least 14 days before they become effective. Continuing use of The Modern Furniture Company website will bind you to the revised terms and conditions at the effective date.
4. Use of our website
Any content which The Modern Furniture Company produce is intended to be helpful however we cannot guarantee that it is accurate or up to date. Before acting on such information, you must make your own appropriate enquiries including as to its accuracy and suitability for your purposes and take appropriate professional or other advice. You rely on such information at your own risk.
We cannot guarantee that the website will be uninterrupted or faultless but will endeavour to fix errors when we become aware of them.
We reserve the right to suspend this website for repair, maintenance, improvement or other technical reason.
5. Intellectual property rights
All trade marks, logos, graphics, images, photographs, animation, videos, text and software used on the website are our intellectual property or that of the Seller or our other business partners. For the purposes of your personal use only, you may view such content on your screen and print a single copy. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (unless permitted by applicable law) or use such content without our specific prior written consent.
If you publish any Content on our website, you grant us worldwide, perpetual, non-exclusive, royalty-free licence to copy, alter, adapt or display such Content on our website.
6. Restriction of our liability
Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
You must give us a reasonable opportunity to remedy any matter for which we are potentially liable before you incur any costs remedying the matter yourself.
Very important: If you are a customer (i.e. not acting in the course of a business), we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:
- There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
- Such loss or damage is not a reasonably foreseeable result of any such breach;
- Such loss or damage is caused by you, for example not complying with this agreement; or
- Such loss or damage relates to a business.
Very important: If you are a customer (i.e. not acting in the course of a business), you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our website (subject of course to our obligation to mitigate any losses).
The following clauses apply only if you are in business.
- To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
- Our liability of any kind (including our own negligence) with respect to our website for any one event or series of related events is limited to the total payments made by you via this website in the 12 months before the event(s) complained of.
- In no event (including our own negligence) will we be liable for any:
You will indemnify us against all claims any liabilities directly or indirectly related to your breach of this agreement.
- Economic losses (including without limit, loss of revenues, profits, contracts, business or anticipated savings):
- Loss of goodwill or reputation;
- Special, indirect or consequential losses, or
- Damage to or loss of data (even if we have been advised of the possibility of such losses).
This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability of misrepresentation relating to the terms of this agreement is excluded.
7. English Law
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.
We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it can’t be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then it will be replaced with a provision which as far as possible achieves the same thing and the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement except insofar as expressly stated otherwise.
If you have any complaints, please contact us via the contact details shown on our website or write to our address shown at the start of these terms and conditions.