Terms and conditions
The below mentioned terms of delivery are valid for all deliveries from Modiste, unless they are modified upon written agreement between the two parties involved.
MADE TO ORDER As this item will be made specifically for you, we are unable to offer refunds or exchanges once the order had been placed. This includes all furniture in our catalogue as well as orders that have been put in production as per the customer’s individual specifications – eg. a specific finish, colour or choice of veneer. We apologize for any inconvenience this may cause, but rest assured, your item will be expertly crafted from the finest materials just for you.
DELIVERY SCHEDULES Delivery for standard items is normally 6-9 weeks from order receipt to shipment from Modiste warehouse. Delivery on special products as well as large orders are agreed upon on a case by case basis. Should Modiste learn that it is not possible to deliver the goods within the agreed period; the customer will be informed of the delay as soon as possible and informed of a new delivery date. If the delay exceeds 3 months and is not due to force majeure, the customer is entitled to cancel the order. The customer is not entitled to make further claims to Modiste in cases of e.g. delay. Modiste cannot be held accountable for delivery problems in cases of force majeure. In these situations delivery schedules will be prolonged.
DELIVERY Deliveries will ship from Modiste Warehouse. The customer is obligated to check the packaging upon receipt of the goods and check that the number of packages corresponds to the delivery note. When distinctly agreed that Modiste is responsible for delivery the following is applicable: If goods and/or packaging are damaged upon receipt the responsibility to accept the order with reservation and to make a remark of this on the delivery note lies upon the recipient. Any damage incurred during transport must be reported directly to the haulage contractor no later than 48 hours after receipt.
CUSTOMS AND IMPORT DUTIES Modiste can not be held responsible for delays by customs or local postal services. All overseas orders may be subject to import fees, duties and taxes, which are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. Unfortunately, Modiste has no control over these charges, and cannot tell you what the cost would be, as customs policies and import duties vary widely from country to country. All orders are shipped DDU. Contact your local customs office for current charges before placing an order, to avoid being surprised by unexpected charges.
TOLERANCES Any color samples or samples of wood, marble, steel and other materials can only be considered as a guide. Modiste cannot be held responsible for any differences between the sample and the delivered goods, as color changes occur naturally over a period of time. Variances are not considered to be defects. Wear and tear due to normal every day use on upholstery, surfaces etc. are not considered to be defects.
COMPLAINTS Any complaints must be filed in writing no later than 7 days after receipt of the goods in question. Any complaints received later than this date cannot be considered. Modiste has the right and duty to repair or replace the product or part thereof in question. If Modiste is unable to find a solution within reasonable time, the customer can make a written reduction demand. No further demands can be made to Modiste as a result of defects.
RETURN OF GOODS Any goods to be returned can only be returned according to prior agreement, and when securely packed. Original packaging can be sent but a fee will be charged. Warehouse address information can be retrieved from Modiste.
PRODUCT LIABILITY Modiste can only be held responsible for any material damage caused by its products, if it can be proved that such damage is due to error or negligence on the part of Modiste or of its employees. Modiste can in no way be held responsible for operational losses, loss of earnings or other financial consequences arising from such damage.
PAYMENT Modiste reserves the right to demand full or partial advance payment. Delivered goods remain the property of Modiste until the full purchase price including delivery charges as well as interests payable on arrears is fully paid. Conditions of payment are stated on the invoice. If the purchaser does not pay in full on the due date, Modiste is entitled to charge interest payable on arrears at a rate of 2 % per month or part thereof.
DISPUTES Any and all disputes regarding this contract are to be resolved under Dutch law. All legal proceedings are to take place at the local court of either Modiste or the customer, as decided by Modiste.
ALL RIGHTS RESERVED Modiste is not responsible for any printing errors and price changes. Modiste reserves the right to make changes or to discontinue the manufacture of any model without prior notice.