Amode Limited Terms and Conditions

1. Introduction

Please read these terms and conditions carefully before using the Amode website, which is operated by Amode Limited. The Terms may change from time to time without prior notice, and the latest Terms, as amended, shall govern each applicable order.

By accessing and/or using this website, you agree to be legally bound by these Conditions.

If you have any other queries on how to use this site, please call us (lines open Monday to Friday from 9:30am - 5:30pm). You can also email us with your query.

2. Interpretation

The definitions and rules of interpretation in this clause apply to this Agreement.

'you/Buyer/User/customer' means a user of the Website;

‘Amode and ‘we/us/our’ mean Amode Limited;

Bespoke/Made to Order: Goods that are made specifically for you in the colour/material/size of your choosing upon receipt of your order.

Clearance Item/Ex-Display Item: a product that is sold at a reduced price to that advertised on our website as a direct consequence of showroom or warehouse clearance.

Good(s): any furniture or mattresses that are advertised on our website

Product(s): this has the same meaning as Good(s).

UK Mainland: this is the island of Great Britain and excludes Northern Ireland and any British islands that are geographically separate from the island of Great Britain.

3. Receipt of Order Confirmation

You will receive an order confirmation email as soon as you have placed an order. Please keep it in a safe place as we may ask you for information from it in any correspondence. If you do not receive this email please email us, so that we may investigate and confirm that your order has been placed successfully.

4. Payment & Ownership of Goods

4.1 Amode takes full payment in advance for orders under the value of £3000. For order values over £3000 a deposit of 50% will be taken in advance, if requested, and the remaining balance will become due once the order has been shipped from our factory.

4.2  The goods remain the property of Amode until you have paid for the order in full and received delivery into your address. Full payment is required before dispatch of goods. We will contact you once your furniture is ready to be dispatched from our factory and at this time the balance of any monies due will be payable. Delivery dates can only be confirmed once we have received the balance of any monies due in cleared funds.

4.3 We accept MasterCard, Visa, or BACS.

5. Prices

5.1 Prices are as set out on the website and include VAT at the current rate. We reserve the right to alter prices at any time.

5.2 It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Any price changes will be confirmed to you at the time of ordering.

5.3 Occasionally, an error may occur and goods may be incorrectly priced in which case we will not be obliged to supply the goods at the incorrect price or at all.We will either cancel your order and refund the price you have paid or use reasonable endeavours to contact you and ask you whether you wish to continue with the order at the correct price. If we are unable to contact you or you do not wish to continue with the order at the correct price, we will cancel your order and refund the price you have paid.

6. Portrayal of products

While every effort has been made to portray items accurately, slight variations may occur.

All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow.

Any samples of materials/colours displayed on our website are for illustrative purposes only and there may be variations in colours dependant on the calibration and settings of individual screens. For accurate colours please visit the showroom to view the actual samples or contact Amode who may be able to post samples of certain finishes.

7. Availability

All items are subject to availability.

We will inform you as soon as possible if goods you have ordered are not available.

8. Cancellation/Returns

8.1.  New 'from stock' items ordered online can be returned within 14 days of delivery (this is not applicable to made-to-order furniture orders), provided they have not been assembled and are returned in their original, unopened packaging and in a resaleable condition. The Amode delivery team offer assembly as part of the standard delivery service, so if you are uncertain about whether you would like to keep the stock item then do not accept the assembly of the goods and the disposal of the packaging otherwise this will invalidate any claim to return the stock item as it will then be classed as used/unsaleable once assembled and the packaging removed.

8.2. Furniture that is made-to-order is not subject to distance selling regulations and is therefore non-returnable. However you are entitled to cancel your contract providing you act within 2 working days of placing your order via the website, telephone or in store.

If you wish to exercise this right please email or call us within the specified timeframe.

8.2. After the 2 day cancellation period we are unable to offer any returns.

8.3. Ex-display/clearance stock is sold-as-seen and is non-returnable. There is no warranty or aftersales service available on Ex-display/clearance stock.

9. Delivery

9.1 Once your order balance has been paid in full and is ready for delivery you will be contacted by a member of the delivery team. They will inform you about the soonest delivery date to your area, and will book in a mutually convenient delivery date and time slot with you.

9.2 We will deliver your order to any UK Mainland address. Delivery charges will vary depending on your location in the UK Mainland, but will be indicated at the time you place your order with Amode.

9.3 Our delivery team will make every effort to deliver within the time slot provided. The delivery date and time slot is an estimate that is given in good faith. Should we find that the estimate is incorrect we will endeavour to inform you using the contact details that you have provided when placing the order.

9.4          You must ensure that access is suitable for the delivery of the goods in to your desired location. Cancellations of this sales agreement cannot be accepted on the basis that access to your desired location is not possible (eg. Doorway too small, unable to manoeuvre furniture due to space restrictions, narrow loft access, unable to park van due to road inaccessibility. This list is not exhaustive.), subject to your general right of cancellation under the cancellation clause set out above.

9.5          Our standard delivery only covers delivery through a ground floor or basement entrance that has clear access to a front or back door entrance point; and go up to a first floor level (without any access restrictions within the staircase) if no elevator access is available. Any special delivery instructions must be noted at the point of purchase and any extra charges that may be incurred to ensure delivery into your property are to be paid by you, the customer.

9.6          Our furniture can be large and heavy, and due to health and safety grounds we may require to have an order delivered by more than our standard 2-man team. If access is severely restricted a window delivery may be required, and in some cases a crane must be hired to be used to lift the furniture through a window. It is your responsibility to inform Amode of any access restrictions so that we may advise you of any potential charges prior to the order being confirmed.

9.7          If we attempt to make delivery on the date and time slot that you have accepted and no one is present to accept delivery of the goods, you will incur a repeat delivery charge. This charge will be applied even if no original delivery cost was charged. This repeat delivery charge will also apply if you cancel an agreed delivery date and time slot less than 48 hours prior to the agreed date.

9.8          If specialist equipment (such as a crane) was hired on a delivery date and time slot that you have accepted and no one is present to accept delivery of the goods, you will incur a repeat hire charge for the equipment to be re-hired for your next delivery. This re-hire charge will also apply if you cancel an agreed delivery date and time slot less than 48 hours prior to the agreed date.

9.9          If your goods remain at our warehouse for more than 2 weeks, during which time you fail to accept delivery/redelivery (despite Amode having contacted you to do so), you will incur storage charges of £35 per week, per cubic meter. If no effort is made to accept delivery of your goods then Amode reserves the right to cancel your order and retain up to 50% of the order value.

9.10        Time of delivery is not of the essence in this Agreement. We will not be liable for any direct or indirect loss of profits or other financial loss or damage suffered by you through any reasonable delay or delay due to unforeseen circumstances outside of the reasonable control of Amode or delay due to any reasonable rescheduling of delivery.

9.11        In the event that you would like to have Goods delivered to a location outside of the UK Mainland we can deliver to any shipping company or port on the UK Mainland if you arrange for the onward shipping. It is your responsibility to check the condition of the Goods at the location where we deliver (this can either be you personally, a representative of the shipping company, a relative or an employee of yours). Liability for the Goods becomes yours when the Delivery Note is signed either by you or your agent.

9.12        All Products must be signed for on delivery by an adult aged 18 years or over.

10.          Short Delivery, Faulty or Damaged Goods

10.1        Amode are dedicated to your satisfaction. Should an incorrect item be delivered, or there is a fault with an item you have ordered then please contact Amode immediately and we will ensure the issue is resolved. In the case that a replacement has to be ordered then the replacement will be delivered to the original delivery address and the original lead time may re-apply. Amode will advise you further.

10.2        Cosmetic/Transit Damage:

a.            Upon a standard 2-man delivery, the delivery team will unwrap the goods from their protective packaging. At this point we request that you inspect the goods for any transit damage. If you find that there is any transit damage then this must be noted on the delivery sheet by you. The delivery team will also take any photographs if there is any visible damage, which will be passed on to Amode. If, for any reason, the delivery team are unable to take photos then we may require you to take photos to send to us. We recommend that you keep the goods in your property and Amode will contact you to resolve the issue. If transit damage was not noted at the point of delivery then you will have to report any transit damage to Amode within 48 hours of receiving the delivery.

b.            If you choose not to have the goods unwrapped (and you would like to keep them boxed), or the goods were delivered with a delivery service that does not include unwrapping, then you will have to inform Amode of any transit damage within 48 hours of receiving the delivery. Claims for transit damage will not be accepted outside of this time period. We will also request photographs of any visible damage to be provided to Amode.

10.3 We do not accept claims for cosmetic/transit damage caused once the goods are outside of the notice periods laid out in points 10a & 10b above, and once the goods are outside of Amodes control.

11. Lead times, Standard

11.1 For made to order furniture there is an average leadtime of 8-12 weeks. The lead-time is the number of weeks we expect your order to to arrive in the UK. After your order arrives it will be delivered to you usually within 7 to 14 working days depending on your location or availabilty.

11.2 For clearance or ex-display furniture then please check with Amode for the lead time. In most cases the furniture can be delivered within 7 to 14 days, however this can be longer depending on the availability of that product at the time of ordering.

11.3 Any lead times quoted by Amode are given in good faith.

12.          Lead Times during August & Christmas Shutdown

12.1 During August our factory is closed for annual summer holidays. Orders placed in the run up to August – starting from early June and the entire month of July - and within the month of August will have their delivery leadtimes affected. Orders placed in August will mean that the lead time quoted for your order will be effective from the 1st of September. Orders placed in the 4 to 8 weeks leading up to August will have their leadtimes effected on a pro-rata basis.

12.2 During the month of December our factory is closed for 2 weeks. Production is stopped during this period, so if you order is being produced between this period please bear in mind that this will affect the standard leadtime by 2 to 3 weeks.

13. Liability disclaimer

Amode’s total liability for any claim howsoever shall not exceed the price of the goods supplied by Amode to the customer. Amode shall not be liable for any consequential loss whether this arises from a breach of duty in contract or in any other way, save where such liability is imposed upon Amode by statute. Amode cannot accept any liability for a failure to comply with instructions specifically stated on the Website or in the catalogue. Amode does not limit in any way our liability for death or personal injury caused by our negligence or willful misconduct. Your statutory rights are not affected by this statement.

Amode endeavours to check the accuracy of the information on this site. However, Amode does not warrant that such information will be error free and the user acknowledges that information, products and services published on this web site may include inaccuracies and typological errors.

14. Website

Every effort is made to ensure that this website is free from viruses and defects however, this cannot be guaranteed.

Amode shall not be liable to any person for loss or damage which may arise as a result of any failure by you to protect your password or account. You are responsible for the confidentiality of your password and account and any activities that occur under your account.

Amode shall not be liable to any person for loss or damage which may arise to computer equipment as a result of using this website.

15. Copyright

All text, images, information and content is owned by Amode Limited and may not be copied or reproduced without the express written consent from Amode.

16. Security

Our secure server software encrypts all of your personal information, including name, address and credit card details. Information remains scrambled whenever it is transmitted over the web.

17. Data Protection

We reserve the right to keep all customer contact details on Amodes ordering system for the process of fulfilling your order and informing you of any relevant information pertaining to your order and information from Amode. We will only pass your details onto other companies that require your information to be able to fulfil your order (such as the delivery company). Amode do not sell your data, and we will take all reasonable steps to ensure all information remains confidential.

18. Force Majeure

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

1. Strikes, lock outs or other industrial action

2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war

3. Fire, explosion, storm, flood, earthquake, subsidence, pandemic/epidemic or other natural disaster

4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport

5. Impossibility of the use of public or private telecommunications networks

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

19. Jurisdiction

This website, its content and any contract brought into being as a result of using this site are governed by and construed in accordance with English Law.

20. Legal identity

The Amode is the trading name of Amode Limited.

The site is owned and operated by Amode Limited. registered in England and Wales, company number 05729738.

The registered office is 387B King Street, Hammersmith, London, W6 9NJ.