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Terms and Conditions of Sale
This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.
By ordering Products through our site, you are deemed to have accepted these Terms. You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms are materially different from our previous terms and conditions of sale and were adopted on the 1st January 2023. These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
• 1.1 We operate the website www.modefencing.co.uk. We are MODE Fencing under SET6 LTD a company registered in England and Wales under company number 14133667 and with our registered office at Unit 5 Birch Court Grosvenor Grange, Padgate, Warrington, WA1 4GD. Our main trading address is Unit 5 Birch Court Grosvenor Grange, Padgate, Warrington, WA1 4GD. Our VAT number is GB451748480
• 1.2 To contact us, please see our Contact Us page https://www.modefencing.co.uk/index.php?route=information/contact
2. OUR PRODUCTS
• 2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
• 2.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions, and measurements indicated on our site have a 2% tolerance.
• 2.3 The packaging of the Products may vary from that shown in images on our site.
• 2.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available, and we will not process your order if made.
3. USE OF OUR SITE
Your use of our site is governed by our Terms of Website Use and Website Acceptable Use Policy Please take the time to read these, as they include important terms which apply to you.
4. HOW WE USE YOUR PERSONAL INFORMATION
We only use your personal information in accordance with our Privacy Policy. For details, please see our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.
5. CONSUMER TERMS
• 5.1 You may only purchase Products from our site if you are at least 18 years old
• 5.2 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
• 6.1 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order on each page of the order process.
• 6.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause
• 6.3 We will confirm our acceptance to you by sending you an e-mail (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation
• 6.4 If we are unable to supply you with a Product, for example, because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. OUR RIGHT TO VARY THESE TERMS
• 7.1 We may revise these Terms from time to time in the following circumstances: • (a) changes in how we accept payment from you; • (b) changes in relevant laws and regulatory requirements; • (c) where it is reasonably necessary, we may change the courier/postal service selected by you for delivering the Products to a different courier/postal service provided that they deliver a materially similar service to the one selected by you.
• 7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.
• 7.3 Whenever we revise these Terms in accordance with clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.
8. YOUR RIGHT OF RETURN AND REFUND
MODE FENCING aims to always provide high quality Goods that are fault free and undamaged. On occasion however, Goods supplied by us may need to be returned and such returns are governed by these Terms and Conditions. As a consumer, you will always have legal rights in relation to goods that are faulty or not as described. These legal rights are not affected by the returns policy in clause 8. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
• 8.1 The Goods we supply to you come with a manufacturer's guarantee (for details, please refer to the manufacturer's guarantee provided with the Goods). If any Goods we supply to you develop faults within their guarantee period you are entitled to a repair or replacement of such Goods under the terms of that guarantee.
• 8.2 The manufacturer's guarantee described in clause 8.1 above and the returns policy set out in clause 8.8 below are in addition to your legal rights in relation to Goods that you have purchased from us that are faulty or not as described.
• 8.3 If you receive Goods that you have purchased from us which do not match those that you ordered and you do not wish to accept those Goods, we will subject to clause 8.5 either replace those Goods with those ordered (if available) or refund to you the price that you paid for those Goods through the payment method used by you when purchasing those Goods. • 8.4 If any Goods you have purchased from us are faulty and you do not wish to accept those Goods, we will subject to clause 8.5 and 8.6 either repair those defective Goods, replace them (if replacements are available), or otherwise refund to you the price that you paid for those defective Goods through the payment method used by you when purchasing those Goods.
• 8.5 Any replacement or refund of Goods under either clauses 8.3 or 8.4 are subject to you:
• (a) informing us promptly on discovery that the relevant Goods are misdescribed or faulty;
• (b) giving us a reasonable opportunity to examine those Goods; and
• (c) returning those Goods and all packaging and documentation supplied with them to us at our expense or otherwise allowing us to collect those Goods from you.
• 8.6 We will not be liable for any fault in any Goods to the extent permitted by law where that fault is the result of:
• (a) fair wear and tear arising from the use of the Goods or wilful damage to the Goods after delivery of them to you or for any damage caused by your negligence; • (b) your failure to comply with our or the Goods' manufacturer's reasonable instructions supplied or included with the Goods as to storage, installation, commissioning, use or maintenance; or • (c) you repairing or altering the Goods without our prior written consent, or if you use those Goods having notified us of the fault in them.
• 8.7 It is your responsibility to check that the Goods that you receive from us are:
• (a) the item(s) that you ordered; and
• (b) that there is no obvious fault with the Goods, and, as such, we are not responsible for any costs incurred by you in respect of any fitment or incorporation of any Goods into anything after delivery of them to you should you fail to fulfil your obligations under this clause in respect of those Goods. However, nothing in this clause 8.7 shall limit your legal rights in relation to Goods we have provided to you that are faulty or misdescribed.
• 8.8 In addition to your rights under clauses 8.1, 8.3 and 8.4 and other than in circumstances set out in clause 8.9, if you are unhappy with any Goods that you have purchased from us for any reason or you change your mind, you may return them to us at your own cost within 60 calendar days of delivery of them to you. We will then refund you the price you paid for those Goods or, if you request, offer to exchange those Goods.
• 8.9 We reserve the right to exercise discretion with respect to any return of Goods pursuant to clause 8.8 and may refuse to accept returns under that clause or, if we elect, reduce the price that we refund to you under that clause where:
• (a) the Goods have been damaged or become worn after delivery of them to you;
• (b) you have incorporated or fitted the Goods into any other item;
• (c) those Goods consist of audio or video recordings or computer software supplied in sealed packaging and the packaging for those Goods have been opened on or after delivery of them to you;
• (d) those Goods have been purchased at a discounted price to take into account any damage to, or lack of quality of, those Goods;
• (e) you have used those Goods for business or commercial purposes without our prior written consent;
• (f) you make alterations or repairs to those Goods without our written consent; or
• (g) we believe that you are trying to abuse our system for returning Goods, although nothing in this clause shall limit your legal rights in relation to any Goods provided to you that are faulty or not as described.
• 8.10 Where the return of Goods by you is made under clause 8.8:
• (a) we reserve the right to charge you the costs incurred by us in relation to the delivery of the Goods to you and return of those Goods to us; and
• (b) and the Goods were purchased by you using finance, we reserve the right to either:
• (i) charge the costs incurred by us in respect of the arrangement and administration of that finance. These costs will vary depending on the amount and length of the finance arrangement; or
• (ii) instead of issuing a refund, issue you with a store credit for the value of the Goods being returned, such credit to be used within 12 months of this credit being issued to you. • 8.11 If you wish to return any Goods to us for any reason, please contact us via email to make the appropriate arrangements.
• 8.12 Under The Consumer Regulations 2013 you have the right to cancel your order as long as you do so no later than 14 days after the day on which you receive the goods or service. However, this right to cancel your order does not apply to Goods which are:
• (a) made-to-measure or custom-made or otherwise made to your specification or clearly personalised;
• (b) newspapers, periodicals or magazines;
• (c) perishable goods, such as food or drink; or
• (d) software, DVDs or CDs which have a security seal which you have opened or unsealed.
• 8.13 Following cancelling an order under clause 8.12, we shall reimburse you any sums that you paid for the Goods in question as soon as possible and, in any case, within 30 calendar days of the day on which you gave us written notice of cancellation, less our reasonable costs of recovering the Goods if you fail to pay the costs of returning those Goods to us and subject to you taking reasonable care of the Goods until they are returned to us. If you cancel an order for Goods which we have already processed for delivery, you must not unpack the goods when they are received by you.
• 8.14 If you have cancelled your order under clause 8.12 and the Goods were delivered to you:
• (a) you must return the relevant Goods to us as soon as reasonably practicable. If the Goods require collection, we will collect them from the address to which they were delivered. However, you may be charged a restocking fee. Your refund will be processed after the product is returned to our warehouse and thoroughly inspected. We will contact you to arrange a suitable time for collection;
• (b) you will be responsible for the cost of returning the Goods to us or, where relevant, the cost of us collecting the Goods from you; and
• (c) you have a legal obligation to keep the Goods in your possession and to take reasonable care of the Goods until returned to or collected by us.
• 8.15 Details of your legal right to cancel and an explanation of how to exercise it are provided in the Order Confirmation.
9. DELIVERY
• 9.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.
• 9.2 Delivery will be completed when we deliver the Products to the address you gave us.
• 9.3 If no one is available at your address to take delivery, the delivery driver will leave you a note that they have attempted to deliver the Products. It is your responsibility to re-arrange delivery, there will however be a £50 re-delivery charge or alternatively, you can collect the Products from our warehouse.
• 9.4 The Products will be your responsibility from the completion of delivery.
• 9.5 You own the Products once we have received payment in full, including all applicable delivery charges.
10. INTERNATIONAL DELIVERY
• 10.1 We can deliver Products to countries outside of the United Kingdom (International Delivery Destinations). However, there are sometimes restrictions on some Products for certain International Delivery Destinations and it is your responsibility to check what restrictions may apply before ordering any Products. We do not accept any responsibility for any such restrictions that may apply to the Products that you have ordered.
• 10.2 If you order Products from our site for delivery to an International Delivery destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
• 10.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
• 10.4 You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
11. PRICE OF PRODUCTS AND DELIVERY CHARGES
• 11.1 The prices of the Products will be quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered into the system. However, if we discover an error in the price of Product(s) you ordered, please see clause 11.5 for what happens in this event.
• 11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with an Order Confirmation.
• 11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
• 11.4 The price of a Product does not include delivery charges unless otherwise stated on our site. Our delivery charges are as quoted when placing your order. To check relevant delivery charges, please refer to your Order Confirmation.
• 11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
• 11.6 Promotional discount codes on our site cannot be used in conjunction with any other offer.
12. HOW TO PAY
• 12.1 You can only pay for Products using a debit card, credit card or Paypal. We accept the following cards: Visa, Mastercard, Maestro, JCB and American Express.
• 12.2 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
13. OUR LIABILITY TO YOU
• 13.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract. • 13.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. • 13.3 To the extent permitted by law, we do not accept any liability for any failure or fault in any Products arising as a result of you adapting or modifying such Products in any way. • 13.4 We do not in any way exclude or limit our liability for
• (a) death or personal injury caused by our negligence;
• (b) fraud or fraudulent misrepresentation;
• (c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
• (d) any breach of the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
• (e) defective products under the Consumer Protection Act 1987.
14. EVENTS OUTSIDE OUR CONTROL
• 14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 14.2.
• 14.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
• 14.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
• (a) we will contact you as soon as reasonably possible to notify you; and
• (b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15. COMMUNICATION BETWEEN US
• 15.1 When we refer, in these Terms, to "in writing", this will include e-mail.
• 15.2 To cancel a Contract in accordance with your legal right to do so as set out in clause 8, you must contact us through https://www.modefencing.co.uk/index.php?route=information/contact or by sending a letter to the Returns Department, Unit 5 Birch Close Warrington Cheshire WA1 4GD or via email. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.
• 15.3 If you wish to contact us in writing for any other reason, you can do this by contacting us through email or by pre-paid post to the addresses set out in clause 15.2 above.
• 15.4 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
16. OTHER IMPORTANT TERMS
• 16.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you by posting on this webpage if this happens.
• 16.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• 16.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
• 16.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
• 16.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• 16.6 Please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
• 16.7 We will not file a copy of the Contract between us.
17. CLEARPAY
• 17.1 Clearpay lends you a fixed amount of credit to allow you to pay for your purchase over 4 instalments, due every two weeks. To be eligible for credit from Clearpay, you must be a permanent UK resident (excluding Channel Islands), aged 18+. Further eligibility criteria and T&Cs apply. Clearpay Finance Ltd. Make sure you can make your repayments on time by each due date to avoid late fees. Not paying on time will lead to a late fee of £6, and, if your order is more than £24, a further late fee of £6 if it is still overdue after 7 days. If you fail to pay on time, your Clearpay debt may be passed to a debt collection agency and this may affect your ability to use Clearpay in future. We encourage you to use Clearpay responsibly. For more information, please visit www.clearpay.co.uk "