Terms of service
Identification of the Company:
Company name: 122 DESIGN Modern Furniture Ltd
Street: 5327, 26 Upper Pembroke Street
Company no.: 594763
However we are committed to providing you with the very best in Customer Service. We do this by offering livechat from early morning to late evening, seven days per week. You can also contact our Customer Support team via email at email@example.com
2.1 “Buyer” means the person and/or organisation that place an order on the website.
2.2 “Consumer” shall have the same meaning as described in section 12 of the Unfair Contract Terms Act 1977;
2.3 “Consumer buyer” is a buyer who is a Consumer.
2.4 “Supplier” means 122 Design Modern Furniture Ltd, 5327, 26 Upper Pembroke Street, D02 X361 Dublin,
2.5 “Goods” or “Products” means the items that the Buyer agrees to buy from the supplier.
2.6 All goods on the website are Made to order goods, which means items which are bespoke or custom made, which have been manufactured in accordance with the Buyer’s choice.
2.7 “Contract” means the contract between the Supplier and the Buyer for the sale and purchase of Goods incorporating these Terms and conditions;
2.8 “Website” means da.122design.com
2.9 “Terms and conditions” mean these terms and conditions, but will also include any special terms and conditions agreed in writing by the website acting on the behalf of the supplier.
2.10 “Working days” mean any Monday to Friday from 8 am to 6 pm GMT excluding all Public and bank holidays in Ireland.
3.1. To place an order the Buyer must use the Order process described at https://da.122design.com/pages/faq.
3.2. All orders for Goods are deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason whatsoever.
3.3 The Buyer may cancel a placed order within 72 hours by notifying the Supplier on firstname.lastname@example.org. Cancellations within 72 hours will be refunded in full within five working days.
Price and payment
4.1. The price of the Goods is inclusive of VAT as displayed on the website and as the Buyer has finalised their choice of made to order goods. The total price, including VAT, will be displayed and confirmed upon checkout before the order is finalised.
4.2. Payment of the price plus any applicable VAT charges must be made in full before order is processed.
4.3. Once the Supplier receives the order the Supplier will e-mail confirmation of the order (including details of the Goods ordered and the price)
4.4. The total price you pay for the goods will be shown at the checkout. The Supplier is entitled to adjust the advertised price to take account of any increase in our supplier's prices, the imposition of any new taxes or duties, typographical error, or error in pricing information from suppliers. Should The Supplier have cause to adjust the price you will be notified.
4.5. In the event a product is listed at an incorrect price due to the above (see clause 4.4) the Supplier shall have the right to refuse or cancel any order submitted at the incorrect price whether or not the order has been confirmed. If your payment has already been processed and we subsequently cancel your order, we will immediately issue a refund for the full value of the amount processed.
4.6. Payment is taken at the time of ordering, regardless of the specified lead time stated.
4.7. All order transactions are made in Euro (€), this includes all discounts and refunds. Actual exchange rates for your local currency may vary between days of transaction.
4.9 Voucher codes cannot be refunded.
4.10 Only one voucher code can be used per transaction.
4.11. It must be noted that any additional charges incurred by the customer transferring, or receiving, money from the Supplier should expect to pay for them and do not fall under the responsibility of the Supplier.
5.1. The Supplier reserves the right to withdraw any Goods from the Website without notice without any liability whatsoever.
5.2. The Supplier reserves the right to refuse any order without liability.
5.3. Unless specifically displayed on the website, prices are not guaranteed for any length of time. The Supplier reserves the right to update the prices displayed and will use their best endeavours to ensure that prices are correct at the time the buyer places an order.
5.4. Where any payment is overdue (does not clear for any reason or is not made on time) then the Supplier will immediately cease or suspend the production of any Goods until full cleared payment is received by the Supplier.
6.1 The Supplier will deliver the Goods to our warehouse in Dublin or such other address as it may advise on its website from time to time (the Delivery Address). The Buyer may collect the Goods from the Delivery Address or arrange for a third party carrier to collect the Goods from the Delivery Address.
6.2 The Goods are available for pick up at the Warehouse for a maximum of 3 weeks after arrival. If the Buyer fails to arrange collection within this time, the Supplier may arrange for the Goods to be reassigned, or given to charity.
6.3 No refunds will be given to any order unattended unless further arrangements have been made within the 3 week period from products arriving to our warehouse. All further arrangements must be confirmed in writing by the supplier.
6.4 The Buyer is responsible for any potential storage cost accumulated past the 3 weeks stated in 6.2
6.5 However, the Buyer must be aware that all risk in all Goods passes to the Buyer at the time of delivery of the Goods to the Delivery Address and that as from such time, including during any subsequent transit time, the Buyer shall be responsible for the Goods and responsible for any additional costs connected with the Goods, including transit, import duties, local taxes and insurance costs. Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, the Buyer will be entering into a contract directly with the third party carrier.
6.6 Where the Buyer arranges the collection and onwards delivery of Goods with a third party carrier, then the time of that onwards delivery for such Goods will vary and is at the Buyer's own risk.
6.7 A Buyer outside of the EU is responsible for paying any VAT or customs charges upon import to the Buyer’s country of destination.
6.8 The production time of the Goods is between eight and sixteen weeks before Goods are available at the Warehouse.
6.8.1 Any order placed between December 1st and February 15th is subject to a production time of an additional 4 weeks.
6.9. The Supplier will use all reasonable endeavours to adhere to any agreed dates for delivery of the Goods to the Delivery Address and any agreed dates for collection by the Buyer or a third party carrier, but time shall not be of the essence. The Supplier will never be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any delivery or collection date. The status of your delivery will be updated on your personal account. In order to avoid our automated response messages being filtered as spam, we will not send notifications with the latest updates. This information is made available in your account and so you are advised to log in to your account to access any updated information.
6.10 The title in Goods will only pass to the Buyer upon cleared full payment of the price and on delivery of the Goods to the Delivery Address. Risk in any Goods passes to the Buyer on delivery of those Goods to the Delivery Address.
6.11. It is the Buyer's responsibility to examine the packaging and Goods very carefully for any damage, immediately upon collection or receipt from a third party carrier. If there is any damage at all, for example, packaging shows signs of being torn or squashed, the Buyer must notify the Supplier by email to email@example.com on the day it collects the Goods or receives them from the third party carrier. In addition, where the Buyer is signing to collect a package that appears damaged in any way then the Buyer must sign and write 'Collected Damaged'.
6.12. Buyers must take care when opening packaging. The Supplier cannot be responsible for any damage caused as a Buyer removes packaging, for example, if the Buyer uses a knife to remove packaging and Goods are torn.
6.13. In the event of unexpectedly high volume sales due to a campaign, the delivery may extend with additional two to four weeks.
6.14. The Supplier is not responsible for delays due to strikes or inconvenience from the supplier if the product does not arrive within our estimated time frame.
7.1. It is every Buyer's duty to fully inspect Goods and please refer to clause 6.10.
7.2. Where a Buyer is aware that packaging is damaged then they must notify the Supplier in accordance with clause 6.10 above.
7.3. Where a Buyer is aware of damage or defect after packaging has been opened, or the Goods are defective in that they do not comply with the Order, then the Buyer must notify the Supplier by email to firstname.lastname@example.org within 7 days of the date of collection by the Buyer. If the Buyer fails to do so then the Buyer shall be deemed to have accepted the Goods.
7.4. Where the Goods are defective or were damaged while risk and responsibility for the Goods was the Supplier's and the Buyer wishes to make a claim of defect or damage, then:
7.4.1 The Buyer must retain the original packaging. We ask that this be retained in good condition. Without the original packaging the Supplier may be unable to deal with the Buyer's complaint.
7.4.2 The Buyer must supply the requested information and images in order for the Supplier to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions upon notifying the Supplier of a fault on email@example.com
7.4.3. Where any fault lies with the Supplier, in view of the Goods sold, a claim will normally be dealt with as soon as the Supplier is able. A claim will be compensated for at the Supplier’s discretion. We reserve the right to offer a compensation or spare part. Compensation is normally paid within five days of the date of the Supplier's confirmation.
7.5. Any item returned without the Supplier’s prior written confirmation and consent will not be accepted or refunded.
7.5.1 The Buyer must organise and pay for any order wrongfully returned to be picked up from the Supplier’s warehouse.
Consumer cancellation rights and consumer return
8.1. At 122 Design, we take pride in the finish quality and construction of our furniture. All of our furniture is inspected before it leaves the factory. If the Buyer is unhappy with a product the Buyer may return this to the Supplier within 14 days of receiving the product and receive a full refund. The refund will be credited within five working days after receiving the products.
8.2 In order for the Buyer to begin the returns process the Buyer must notify the supplier on firstname.lastname@example.org. The Buyer must provide the Supplier with documentation from their chosen delivery company displaying the actual delivery date.
8.3 The Buyer is responsible for organising the return and any cost associated with return freight. The Supplier will not refund this cost.
8.4 Any potential shipping cost will not be refunded.
8.5 The returned item and its packaging must be in immaculate condition on the point of inspection by the Supplier. If the returned goods do not pass inspection, a further fee may be deducted from the refund.
8.6 Any item returned without the Supplier’s prior written confirmation and consent will not be accepted or refunded.
8.7 The Buyer may cancel the order before the order has finished processing by notifying the Supplier on email@example.com. Cancellations before the end of processing are subject to a 50% administrative fee which will be deducted from the order value when the Supplier processes the refund.
Faulty goods guarantee
9.1. In addition to any applicable Consumer and/or statutory rights, the Supplier offers a manufacturer's guarantee. The manufacturer guarantee is that the materials and workmanship of the Goods will be free from defects for a period of 5 years from the date that the Goods were collected by the Buyer or the third party carrier. The product guarantee does not cover normal wear and tear.
9.2. However this entire Clause 9.1 not apply if a fault arises due to:
9.2.1. abnormal use or working conditions, failure to follow instructions, misuse, alteration or unauthorised repair, wilful damage, improper maintenance or negligence on the part of the Buyer or a third party; or
9.2.2. Any subsequent mechanical, chemical, electrolytic or other damage after risk has passed to the Buyer, which is not due to a defect in the Goods.
9.3. Where Goods are faulty the Buyer must contact the Supplier by email at firstname.lastname@example.org within 7 days of the discovery of the fault or within 7 days of the collection of the Goods where the Goods were faulty on collection or there is any problem with the order.
9.4 The Buyer must supply the requested information and images in order for the Supplier to be able to deal with the Buyer’s complaint. The Buyer will obtain full instructions upon notifying the Supplier of a fault on email@example.com
Responsibility and use of goods/products
10.1. The Buyer agrees to be solely responsible for the use of any Goods supplied and that they will use the Goods legally and only for the purposes that such Goods are intended to be used for and at all times in accordance with any applicable manufacturer's instructions, advice, suggestion, guidance and information. This includes ensuring that the Buyer reads all the information and guidance supplied by the manufacturer, takes any required precautions and/or tests before use and fully understands what the Goods contain.
10.2. Furthermore the Buyer agrees that they will not misuse any Goods supplied and will abide by any laws applicable to any Goods supplied.
10.3. With all products, it is the Buyer's responsibility to ensure that the Goods are suitable for the Buyer's own use.
10.4. The Buyer specifically accepts that the effectiveness of any products will also be dependent on correct and effective use, storage, inspection and periodic routine maintenance.
10.5. The Buyer specifically agrees that the Supplier has no liability and furthermore that the Buyer will indemnify the Supplier for any losses or expenses incurred whatsoever resulting from any breach of this clause 9.
10.6 Where the Buyer has supplied any specifications and/or measurements, then their accuracy remains the sole responsibility of the Buyer and the Buyer shall be solely responsible for any costs and/or expenses incurred because of any inaccuracy or problems arising as a result of any specifications and/or measurements provided.
Limitation of liability
11.1. Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or its employees or agents or for any liability which cannot be limited or excluded by law.
11.2. The Supplier shall never be liable for any indirect, incidental or consequential loss or damage whatsoever.
11.3. Other than those implied by law where the Buyer is dealing as a Consumer, in the event of the Supplier breaching any of these Terms and Conditions the Buyer's remedies are limited to damages which in no circumstance whatsoever will exceed the price of the Goods.
Conformity of goods
12.1. Reasonable variations in the colour or in the dimensions are not considered as a defect. We cannot accept any responsibility of any variation in colour caused by your browser software or computer system.
12.2. We use high quality materials. Some of them have natural character, which may not be considered as a defect. This includes variations in shade, texture, colour or grain.
Nothing in these Terms and Conditions and no express or implied waiver by the Supplier in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, accidents, war, fire, strikes, lock outs, failure of any communications including.