Modish – Terms and Conditions of Business
1.1 Modish offer a range of furniture and furnishings including bedroom and household furniture, and the provision of accessories (“the Service“). “Modish Furnishings” or “Modish” is a trading name of KMK FURNISHING LIMITED, a company registered in Scotland (Company Number SC505662) with the registered office at c/o MALHI & CO, 36 NITHSDALE ROAD, GLASGOW, SCOTLAND, G41 2AN.
1.2 By using this Website and/or registering for Services You agree to be bound by the terms and conditions set out below. If You do not agree to be bound by these terms and conditions hereunder; please do not use or access this Website. You must read and accept all of the terms and conditions contained herein before You may use or access the Website in any way.
1.3 These terms and conditions constitute the entire terms and conditions upon which Modish provides the Service and upon which the User agrees to contract for the use of the Service except where specifically varied by written agreement by Modish on the Registration Confirmation. They supersede any written or oral representations, statements, understandings or agreements.
1.4 From time to time, it will be necessary to update the terms and conditions and You agree to be bound by the new terms and conditions after the implementation date for the revised terms and conditions.
In this Agreement;
“Accessories” means any accessories supplied by Modish including cleaning products.
“Agreement” means these terms and conditions together with the Customer’s registration as confirmed in Modish’s Registration Confirmation.
“Bedroom Package (s)” means the unique collection of products offered by Modish.
“Business User” means any company or business entity who wishes to purchase from the Modish
“Charges” means the charges for Modish Services accessible through the website (Pricing Guide).
“Complaints Process” means all complaints must be sent to [email protected] or in writing by post to Modish Furnishings, located at 82 Seaward Street, Kinning Park, Glasgow, G41 1HJ
“Completed Registration” means a successful registration via the Website. 2
“Customer” means a consumer or individual User who registers and contracts for the Service and excludes any Business User.
“Customer Information” means the information required by Modish to allow us to deliver services.
“Debit and Credit Card Services” means the credit and debit card payment services option offered to Modish Customers through the third party company subject to their terms and conditions.
“Furniture” means any furniture item supplied by Modish.
“Information” means any and all material contained in this Website.
“Intellectual Property” means any patent, invention, copyright, database right, registered or unregistered design, trademark displayed on the Website (whether registered or unregistered), trade name, logo, trade secrets, know-how or other industrial or intellectual property right subsisting anywhere in the world, and applications for any of the foregoing, together with the goodwill thereon.
“Order” means the Customer’s instruction to Modish to proceed and supply the Products.
“Order Confirmation” means the email acceptance sent by Modish following receipt of the Customer’s Order. Please note in certain circumstances to accommodate some Customers the Order Confirmation shall be delivered by postal service.
“Postal Service” means the alternative means of contracting and communicating with Modish for Customers without internet access.
“Pricing Guide” means the general guide listed on the Website to assist the Customer with pricing.
“Products” or “Product” means any furniture or furnishings supplied by Modish including Modish accessories.
“Registration Confirmation” means the email acceptance sent by Modish following receipt of the Customer’s registration.
“Share on Social Media” means the Customer introducing Modish Services to another potential User, as described on the Website and accessed via the ‘Facebook’, ‘Pinterest’ or ‘Twitter’ buttons (subject to either Facebook, Pinterest or Twitter terms and conditions).
“the Service Commencement Date” shall be the date the Service is available following where applicable the Registration Confirmation and as confirmed in the Order Confirmation.
“the User” and “You” means anyone who uses this Website.
“the Website” means the Modish website operating under the domain name of
“Working Hours” means 9.30am to 5.30pm Monday to Friday and Saturday, 11.00am to 5.00pm, with the exception of public holidays or statutory holidays. 3
- Service Provision
2.1 Modish will provide a Registration Confirmation for all registrations placed but reserves the right to accept or reject any registration at its sole discretion.
2.2 Modish will use all reasonable endeavours to provide the Service as described on the
Website. Due to the nature of such Services, the time will not be the essence of the contract.
2.3 Modish may at any time amend the Service for any reason including, but not limited to, technical, legal or business reasons.
2.4 Modish encourages any interested or potential Business User to make contact with Modish if they would like further information. We are contactable at [email protected], or call us on 01414293541.
2.5 Any Customer complaints must be dealt with through the Complaints Process. A complaint can only be dealt with by Modish if the correct process is followed, all complaints must be emailed to [email protected]
2.6 Modish provides email Customer support available at [email protected]
2.7 In the event the Product is out of stock, the Customer is encouraged to contact Modish at [email protected], or call us on 01414293541.
- Proprietary Rights
All Intellectual Property Rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying design are owned by, licensed or authorised to Modish, its assignees, licensees or sub-licensees thereof and the copyright, the text, artwork, graphics and images on the Website is owned by Modish or its licensors or its content or technology providers except where otherwise specified. Nothing in these terms and conditions transfers to You any rights of ownership of such intellectual property rights, or constitutes a license to use such intellectual property rights other than to the extent expressly set out in these terms and conditions. Without Modish‘s prior written permission, You may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Website or the underlying software code whether in whole or in part. However, the contents of this Website may be downloaded, printed or copied for your personal non-commercial use or some of the website
shared through ‘Facebook’, ‘Pinterest’ and ‘Twitter’ button on the Website.4
- Basis of Use of the Website
4.1 You agree to the following;
4.1.1 that You are aged 18 or over and are legally capable of entering into binding contracts;
4.1.2 that You understand, acknowledge and accept the exclusion of liability and disclaimer provisions contained hereafter;
4.1.3 that You will only view the Information on the Website for your own private purpose and will not publish, reproduce, store or retransmit any of the Information contained in the Website at any time; unless through the ‘Facebook’, ‘Pinterest’ or ‘Twitter’ buttons more fully described on the Website;
4.1.4 that You shall not use the Information for any unlawful purpose or in any unlawful manner;
4.1.5 that You shall not use the Website or the Information in any manner which may constitute an infringement of any third party rights (including but not limited to rights of copyright, trademark or confidentiality);
4.1.6 that You shall not run any tools on the Website that systematically retrieve web pages for offline or online viewing; whether it be for personal, commercial, experimental, educational or any other use;
4.1.7 that all intellectual property rights (including without limitation copyright, trademarks and all other rights) whatsoever in the Information and the Website shall remain vested in Modish at all times;
4.1.8 that You will indemnify and keep indemnified Modish against all claims, liabilities, damages, costs and expenses including legal fees arising out of any misuse of the Information or the Website or breach of your obligations under his agreement.
4.2 The User agrees that in respect of the Modish sharing feature, Modish reserves the right to amend the limit stated therein from time to time.
- Order Process
5.1 In the event the Customer has no access to internet services, Modish will take the Order over the telephone. An Order may be placed by telephone by calling 01414293541. The terms and conditions will be issued via the Postal Service – between Working Hours.
5.2 Where an Order is placed orally or in the event of any dispute as to the Order, the Order
Confirmation shall be deemed as the authoritative Order. 5
5.3 No Agreement in respect of any Order shall exist between us and You until your Order has been accepted by us by means of an Order Confirmation (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded.
5.4 Please note with regard to any telephone calls between us, we record all telephone conversations to assist with training and to ensure the best service is being provided.
- Customer Obligations
6.1 Orders must be submitted electronically via the Website. To do so, You will be encouraged to follow the online registration process. When doing so, You will be required to register with us and complete certain required fields on a form. This may include the provision of security information such as your identification details and password(s). You agree that You will be responsible for ensuring that such security information is kept secure and confidential at all times. You must inform us immediately if You become aware of or suspect any unauthorised use of these security details or if they become available to an unauthorised party.
6.2 By registering, You hereby warrant that all information submitted by You is true, current and complete. Modish reserves the right to verify Customer details.
6.3 The Customer shall pay the charges for the Service in accordance with clauses 7 and 8 below.
6.4 Without prejudice to its rights in terms of Clause 11 hereof, Modish is entitled to suspend or terminate the Customer’s use of the Service if the Customer fails to comply with any of its obligations under clauses 4, 6, 7 and, 8 herein.
6.5 The Customer agrees to provide Modish with all necessary information required as stated in the Website, this includes where applicable all relevant information necessary for Modish to adhere to all relevant legislation including;
6.5.1 where applicable all details required to register with Modish.
6.6 The Customer will be responsible for obtaining and holding all consents, licenses, permits and other similar instruments including planning permission to allow the use of the Product.
6.7 The Customer accepts that third party advertising will be present on the Website.
6.8 The Customer is responsible for providing a satisfactory level of cooperation and for providing all necessary Information and facilities to enable Modish to produce and deliver a quality service, including:6
6.8.1 the necessary information for registration including name, home address, delivery address, email address, landline and mobile telephones.
6.8.2 provision of the correct measurements and quantity of the Product.
6.8.3 the correct use of both the Pricing Guide.
6.8.4 where applicable signature for Products when received.
6.9 It is the Customer’s responsibility to adhere to all relevant Product care instruction as outlined on the Website including;
6.9.1 how to treat and clean the Products. The Customer should only use recommended cleaning products.
6.10 With regards to international transactions, the Customer is responsible for paying all export or customs charges including local taxes and any export duty due.
- Service Charges
7.1 Charges for the Service shall be based upon the Customer paying the full Payment for the Service in advance of the Products being issued.
7.2 The prices charged shall be those stated on the Website and confirmed in the Order Confirmation provided to the Customer. Prices on the Website are inclusive of VAT. The delivery charges will be added to the total charge for the Service identified in the Order Confirmation.
7.3 Unless otherwise agreed, no Service will commence until payment has been received.
7.4 Modish reserves the right to change prices or institute new charges for use of the
Service at any time.
7.5 All payments must be cleared and received before any Products are dispatched.
7.6 Modish will not be liable for any bank charges incurred by the Customer.
7.7 The Customer must be aware that Modish do not receive cheques.
- Payment of Service Charges
8.1. Prices include VAT which shall be added and charged at the prevailing rate. We accept payment in British pounds sterling only.
8.2 The Agreement is based upon the Customer paying in full the initial payment in advance of our acceptance of the Customer’s Order, prior to the Service commencing through our Debit and Credit Card Services (subject to debit or credit card charges).
8.3 You confirm that the credit/debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment, we will not accept your Order and we will not be liable for any delay or non-7
delivery and we are not obliged to inform You of the reason for the refusal. We are not responsible for your card issuer or bank charging You as a result of our processing of your credit/debit card payment in accordance with your Order Confirmation.
8.4 Where applicable, the Customer will be provided with the Order Confirmation by email along with an invoice via the Postal Option. In the event the Customer requires a paper bill, Modish will charge a fixed fee of £5.00 for this Service.
8.5 The Customer shall not be entitled by reason of any set-off, counter-claim, abatement, or other deduction to withhold payment of any amount due to Modish.
8.6 The Customer is responsible for paying for all carriage charges including all delivery costs associated with returning a product.
8.7 The Customer must be aware that weekend delivery including delivery outside Working Hours shall incur an additional cost.
- Third Party Websites
9.1 The Website contains links to websites operated by parties other than Modish. Such links are provided for the User’s convenience only. Modish does not control such websites, and is not responsible for their content. Modish’s inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any Products and services offered by such websites.
9.2 You may only link to this Website with Our express written permission. We expressly reserve the right to withdraw our consent at any time to a link which in our sole opinion is inappropriate or controversial.
- Cancellation (Consumer Purchases)
10.1 Because You are purchasing as a consumer, You may cancel your Order with us at any time up to the end of the fourteenth working day after the Products are received, or in the event that no products have been ordered, 14 days from receipt of the Order Confirmation. You do not need to give us any reason for cancelling your Order nor will You have to pay any penalty.
10.2 The Product must be unused, in its original packing and in a saleable condition.
10.3 To cancel your Order, please provide us with written notice by post to Modish Furnishings,
82 Seaward Street, Kinning Park, Glasgow, G41 1HJ, or by emailing us at [email protected], in each case within the statutory cooling-off period and giving details of the items ordered, and the option to state the reason for cancellation and (where appropriate) their delivery date.
10.4 If You have received the Products before You cancel your Order then You must send the Products back to our contact address at your own cost within 14 days of notifying us of your cancellation. Where You fail to return the Product to us, we shall be entitled to charge You for the reasonable costs of collecting the Product from You. We reserve the right to deduct such costs from any refund due to You.8
10.5 Once You have notified us that You are cancelling your Order, any sum debited to us from your credit card will be re-credited to your account as soon as possible and in any event within 30 days of your Order, provided that the Products in question are returned by You and received by us in a reasonable condition. If You do not return the Products delivered to You or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the Products from the amount to be re-credited to You.
10.6 In the event the Product is returned, the Customer must obtain proof of post. In the event the returned Product is lost in the post, Modish will not be liable to replace the Product unless proof of post can be demonstrated by the Customer.
- Cancellation by Us
11.1 Modish shall be entitled to suspend the Service in accordance with clause 6.5.
11.2 Without prejudice to any other rights to which it may be entitled, Modish may terminate provision or use of the Service respectively with immediate effect if the Customer commits any material breach of any of the terms of this Agreement.
11.3 Modish will not tolerate Users being rude or offensive or otherwise abusing the ‘Modish Service’ in any way including our employees and reserves the right to terminate the Service with immediate effect as a result of such behaviour (at Modish’s discretion).
11.4 Modish may also cancel if there is an issue with regard to the availability of stock or where a Product line has been discontinued.
12.1 Completed Orders will be sent to the delivery address that You have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes.
12.2 By choosing the third party delivery option on the Website, the Customer can have the Products delivered to a third party. The Customer accepts responsibility for the delivery and has gained permission from the third party prior to choosing this option on the Website.
12.3 Modish’s times of delivery will be as stated on the Website.
12.4 Modish shall bear all risk in respect of consignments until delivered to the Customer. Once a Completed Order has been delivered by us, all risk of damage to, or loss of, the products shall pass to You.
12.5 We reserve the right to use third party companies to deliver Products.
12.6 Delivery dates are approximate only and not an essential term of the Agreement, Modish shall have no liability in respect of delay in delivery to the Customer.
12.7 Notification of damage, delay or loss of Products in transit or of non-delivery must be given in writing to Modish and the carrier within three clear days of delivery (or, in the case of non- delivery, within seven days of notification of despatch of the Products) and any claim in respect9
thereof must be made in writing to Modish and the carrier within seven clear days of delivery (or in the case of non-delivery, within seven days of notification of despatch). All other claims must be made in writing to Modish within three days of delivery. Modish shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
12.8 Should Modish, a) not receive delivery instructions or b) be unable through no fault of Modish to effect delivery within fourteen days after notification to the Customer that items are ready for despatch, the Customer shall take delivery or arrange for storage. Should the Customer fail to take delivery or arrange for storage, we shall be entitled to arrange storage either at our own works or elsewhere on your behalf and all charges for storage, for insurance or for demurrage shall be payable by You.
13.1 Should the Customer require a change in the nature, scope or timing of the Service or in any other aspect of this Agreement, such change shall be requested in writing. Modish shall advise the Customer of the effects including any increase in the Service charges which may result and the Agreement shall be modified to reflect such changes including to the Service charge and/or duration which may be agreed.
- Returns and Inspection
14.1 We do not offer refunds except in the case of Modish being at fault resulting in delivery of an incorrect Product or the Product delivered in a damaged or faulty condition.
14.2 All returns of Products, applicable to Furniture only and not applicable to Accessories and cleaning products subject to the Product being returned within the initial 30 days only (from the date of purchase).
14.2.1 subject to the Products being undamaged and in the original packaging.
14.2.2 subject to conditions outlined in Clauses 17.
14.2.3 all subject to the Customer paying the carriage costs.
14.3 It is the Customer’s responsibility to inspect and check the received Products or part thereof as soon as reasonably practicable after delivery and in any event, not more than 3 days after delivery to ensure that the Products conform to the confirmed Order. In circumstances where You consider that the received Products do not conform with the confirmed Order, it is the responsibility of the Customer to return the Products to Modish in their original packaging, all carriage and transport costs being payable by You.
14.4 The Product cannot be returned if there is a presence of any kind of damage (including stains or the presence of cigarette smoke, or if the Product was cleaned with the wrong cleaning product or mistreated); the Customer will be liable in this situation and Modish will be the sole arbiter of this issue.10
14.5 Modish shall not be liable in respect of any claim unless the aforementioned requirements have been complied with except in any particular case where the Customer proves (i) it was not possible to comply with the requirements and (ii) advice (where required) was given and the claim made as soon as possible.
14.6 As a consumer You have a right to reject any Product You receive within a period of 30 days from receipt. If a Product is faulty, we may offer an exchange or refund as appropriate in accordance with your consumer rights. If You require more information on this, please contact us by email at
[email protected] or call us on 01414293541.
14.7 Within seven (7) days from receipt of any returned Products, Modish will conduct a quality inspection and test of the Product (s) and if corrective action is required, will replace or refund the products at the Customer’s election and we will then re-issue the Products in question and forward to You at no extra cost. Where a refund is due we will refund any monies to You within a maximum of 14 days of our receipt of the returned Product(s).
14.8 Due to the nature of Modish Services, the Customer must, where possible provide photographic evidence with regards to the return of damaged Products. This evidence (photographic evidence) must be provided prior to the Product being returned.
- Disclaimer and Limitation of Liability
15.1 The Customer uses the Service at its own risk and in no event shall Modish be liable to the Customer for any direct, consequential, incidental or special damage or loss of any kind (except personal injury or death resulting from Modish negligence) including, but not limited to, loss of profits, loss of contracts, change in Customer’s business circumstances, business interruptions, loss of money, the Customer’s identity theft, loss of or corruption of data or the Customer’s inability to use the Service, however caused and whether arising under contract or tort, including negligence or otherwise except as expressly provided herein.
15.2 If any exclusion, disclaimer or other provision contained in this Agreement is held to be invalid for any reason by a court of competent jurisdiction and Modish becomes liable thereby for loss or damage that may lawfully be limited, such liability whether in contract, tort (including negligence but specifically excluding personal injury or death resulting from Modish negligence) or otherwise, will not exceed the total charges of the product paid by the Customer preceding such liability arising.
15.3 The Customer must make every effort to secure their username, passwords and key phrase details and should not under any circumstance disclose their username and password and key phrase details to a third party or by an email request. Modish, nor its directors, employees or representatives will be liable for damages arising out of or in connection with the use of this Website or information, content, materials or products included on this Website. This is a comprehensive limitation of liability that applies to all damages of any kind.
15.4 It is the Customers responsibility to maintain and update browser, firewall or anti-virus and anti-spyware software. The Customer must protect their computer and ensure they update all security software by downloading the latest security updates from relevant software providers.11
15.5 Modish will endeavour to provide services as described on the Website but cannot guarantee 100% uptime.
15.6 Modish is not responsible for the performance of the Product due to the Customers use or mis-use of the Product.
15.7 The Customer is solely responsible for assessing the suitability of the Product and the correct size of the Product.
15.8 During the Customers use of the Product or following delivery of the Product, should the
Product suffer damage, the incident is not the responsibility of Modish.
15.9 Modish cannot be held responsible for any Product being out of stock. The Customer is encouraged to contact us as stated in Clause 2.7
15.9.1 Modish are not responsible for any pricing errors on its website. If there is a pricing error, Modish will inform the customer and offer a full refund, or give the Customer the option to pay the correct price
- Treatment of Product
16.1 All Products should only be treated with the recommended chemicals. In no circumstance should the Products be ever treated other than recommended by Modish. The Customer must follow the Pricing and care instructions as outlined on the Website.
17.1 With the exception of products identified in clause 17.2 below, all Products supplied by Modish include a 12-month warranty (excluding perishable products and led lighting as stated in 17.2.1) including all cleaning products or accessories and all similar type products which are not guaranteed) which commences on the day on which the Product is delivered. Such warranty shall be invalidated if You or a third party tamper with or use the Products in any way or if:
17.1.1 any maintenance requirements relating to the Product has not been complied with;
17.1.2 any instructions as to maintenance or care of the Product have not been complied with in all respects including being scratched, the presence of cigarette smoke, or if damaged or mistreated in any way; Modish being the sole arbiter of this issue.
17.2 Modish also supplies Products with a variety of warranty periods including;
17.2.1 all led lighting products have up to a 36-month warranty.
17.2.2 all warranties are subject to these terms and conditions and our inspection process as outlined in Clauses 14.12
17.3 For the avoidance of doubt we shall not be responsible nor liable for any compatibility issues relating to any Products not supplied by us where we were not consulted or where we were consulted but our advice was not heeded and acted upon.
17.4 Products not supplied by Modish are not covered by our customer service.
17.5 In the event that the Products are not performing to the manufacturers guaranteed specifications, the product will be inspected and the issue referred to the manufacturer subject to the manufacturer’s terms and conditions. However, we will replace the Product within a 30 day period subject to availability. In the event the Product is not available, the Customer will be offered another product of similar value.
17.6 The inspection of the Products is free of charge to the Customer if any fault lies with Modish. However, should the inspection reveal that any Product is changed or altered in any way, the Customer is due to pay the cost of the inspection plus any cost required to amend the issue.
- Force Majeure
18.1 Modish shall not be liable to the Customer or be deemed to be in breach of the Agreement by reason of delay in performing, or any failure to perform, any of our obligations in relation to the Service, if the delay or failure was beyond our reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond our reasonable control: act of god, explosion, flood, tempest, fire or accident; weather, war or threat of war, sabotage, pandemic flu or virus, insurrection, civil disturbance or requisition; acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions, power cuts or trade disputes (whether involving our employees or of a third party); or difficulties in obtaining the System, labour, fuel, parts or machinery.
18.2 Modish cannot be held responsible or deemed in breach of this agreement in any way for third party delays, technical faults, including delivery failures affecting our performance.
- Statutory Information
This website is owned and operated by: KMK Furnishing Ltd trading as Modish Furnishing
c/o Malhi & Co, 36 Nithsdale Road, Glasgow, Scotland, G41 2AN
82 Seaward Street, Kinning Park, Glasgow, G41 1HJ
Company registered in Scotland – Company Number SC505662
Email: [email protected]
Website: www.modishfurnishing.co.uk 13
21.1 Modish shall be entitled to assign or transfer our obligations or rights to a competent third party or to any associated company whether in whole or in part. The Customer may not assign or transfer any of your rights or obligations without our written consent.
22.1 These terms and conditions contain all the terms of your agreement with us relating to your use of this Website. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated. Your use of this Website, any downloaded material from it, this Agreement and the operation of these terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Scotland and the
Customer agree to submit to the non-exclusive jurisdiction of the Scottish courts.
23.1 Failure or delay by Modish in enforcing any term of the Agreement shall not be construed as a waiver of any of its rights under it.
23.2 The illegality, invalidity or unenforceability of any part of this Agreement will not affect the legality, validity or enforceability of the remainder
The Copyright is owned by Create Ts and Cs, www.createtsandcs.com. All content and materials is the sole property of the Create Ts and Cs. Create Ts and Cs, hereby grants Modish (KMK) a nonexclusive, non-transferable license to use and display, Create Ts and Cs-own both the content and materials solely in connection with the Work.14
24.1 All images used by Modish Furnishing are for illustration purposes only. Actual products may vary in colour or tone slightly, due to the lighting or type of camera the image was captured on. Modish Furnishing cannot be held responsible for such variations in colour.
Making a purchase with Divido
Terms & Conditions
Last Updated: 10th July 2015
Please read this Agreement carefully before purchasing a product using the Divido Services.
This End User Agreement (“Agreement”) is a legal agreement between you and Divido Financial Services Limited of Office 7, 35-37 Ludgate Hill, London EC4M 7JN, United Kingdom (“Divido”, “we”, “us” or “our”). This Agreement sets out the terms and conditions of:
- financing services offered by Divido using the Divido Platform (as defined below), together with Merchants and Lenders (as defined below) (the “Divido Services”); and
- your access to and use of the website divido.com which is operated by Divido (“Website”) including all content, services and products available at or through the Website.
Divido Financial Services Ltd is authorised and regulated by the Financial Conduct Authority, Permission Number 628253.
Divido provides an online platform which allows consumers, Merchants and Lenders (as defined below) to connect at the point of purchase.
You are purchasing the Product (as defined below) from the Merchant, not Divido. We do not accept or take any money from you in relation to this purchase. Please refer to the Merchant for details of any terms or conditions applying to this purchase, including your statutory right to cancellation and a refund.
You are receiving finance from the Lender, not Divido. Please refer to the consumer finance agreement with the Lender for terms and conditions of your borrowing and repayment.
If you have any questions or if you have any complaints, please email us at [email protected] or call us on 020 3773 9510.
For the purposes of this Agreement, unless stated otherwise, the following words shall have the following meanings:
|“Divido Platform”||Shall mean the microsite of Divido within the Merchant’s website, the microsite of Divido within the sales computers or other browsing computers, including tablets, at the Merchant’s premises, and other sales channels which allow the Merchant and Divido to communicate from time to time, including telephone.|
|“Intellectual Property Rights“||Patents, rights to inventions, copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.|
|“Lender(s)”||Shall mean the lender(s) Divido is affiliated with and which provides finance to you for the purchase of a Product.|
|“Merchant(s)“||Shall mean the merchant(s) Divido is affiliated with and from which you purchase the Product.|
|“Product”||Shall mean the product you purchase from the Merchant using the Divido Services.|
2.1. By accessing the Website and/or submitting an application for the Divido Services, you agree to comply with the terms and conditions of this Agreement.
2.2. The terms of this Agreement extend to any future updates or supplements to the Website or the Divido Services, unless they come with separate terms, in which case those terms apply.
2.3. You acknowledge and agree that internet transmissions are never completely private or secure. You understand that any information you provide using the Divido Platform or the Website may be read or intercepted by others, even if there is a notice that a particular transmission is encrypted.
3. DIVIDO SERVICES
3.1. Divido shall, subject to the terms and conditions set forth in the Agreement, provide you with the Divido Services.
3.2. To be eligible for the Divido Services, you must:
a) Be 18 years of age or over;
b) Be a permanent resident in the United Kingdom;
c) Be employed to work at least 16 hours a week, or be in receipt of a private or company pension; and
d) Have a good credit history with no late payments, debt relief orders, CCJ’s, IVA’s or bankruptcies.
3.3 To apply for the Divido Services, you must:
a) Choose a Product for purchase from the Merchant;
b) Using the Divido Platform, select your deposit amount and preferred period for repayment within the limits prescribed by Divido;
c) Using the Divido Platform, provide personal information for use in conducting credit checks, including your name, date of birth, billing and mailing address, email address, telephone number, bank details and employment information;
d) Using the Divido Platform, provide personal information for use in conducting identity checks, including your driver’s licence, passport and/or credit card details; and
e) Provide all other information and tick all boxes prompted on the Divido Platform.
3.4. Where you access the Divido Platform via telephone, you may be required to send Divido copies of your information in 3.3 d).
3.5. Upon receipt of your application for Divido Services, Divido shall:
a) Conduct, or arrange for a credit agency to conduct, credit checks using the personal data you have provided to the Merchant;
b) Conduct, or arrange for another agency to conduct, identity checks;
c) Assess your application for the Divido Services based solely on the results of the credit and identity checks; and
d) Issue a decision to grant or deny your application for Divido Services.
3.6 The decision to grant an application for Divido Services and your credit limit is final and at the sole discretion of Divido.
3.7. Divido shall provide you with a user account which allows you to access all information regarding your use of the Divido Services, including payments made and yet to be paid to the Lender on the Website, and allows Divido to populate forms with your information on record for future purchases.
4. YOUR OBLIGATIONS
a) Only use the Divido Services for personal purposes;
b) Treat your user name and password, or any other piece of information used as part of our security procedures, confidential and must not disclose such information to any third parties;
c) Promptly notify us if you know or suspect that anyone other than you knows the information in clause 4. b) at [email protected];
d) Provide accurate and up-to-date information at all times when using the Divido Platform and/or the Website;
e) Promptly notify Divido of any changes to information in your user account;
f) Comply with all terms and conditions relating to the sale of the Product with the Merchant; and
g) Comply with all terms and conditions relating to the financing of your Product by the Lender.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. All Intellectual Property Rights relating to the Divido Services, the Divido Platform, the Website and any related services and/or materials provided by Divido to you or accessed by you under the Agreement shall be owned by Divido. All such rights are reserved.
5.2. You may print off one copy, and may download extracts, of webpages from the Website for your personal use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of such Intellectual Property Rights must always be acknowledged.
6. DATA PROTECTION
6.1. For the purpose of the Data Protection Act 1998, Divido is the data controller of your personal data used in connection with the Divido Services.
7. NO RELIANCE ON INFORMATION
7.1. The content on the Website and other information which is displayed or provided to you when using the Divido Service is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website or other information displayed to you when using the Divido Service.
7.2. Although we make reasonable efforts to update the information on our Website and otherwise provided to you in relation to the Divido Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Website or in documents provided to you in relation to the Divido Service are accurate, complete or up-to-date.
8. NO WARRANTIES
8.1. To the maximum extent permitted by law, the Website and the Divido Service are provided “as is” and “as available”. While Divido endeavours to provide the best service it can, Divido hereby disclaims all warranties of any kind, whether express, implied or otherwise, including, without limitation, the warranties of fitness for a particular purpose and non-infringement. Divido does not warrant that the Website or the Divido Service will be complete, accurate, reliable, timely, secure, error free or that access thereto will be continuous or uninterrupted. You understand that you are using the Website and the Divido Service at your own discretion and risk.
8.2. We do not warrant that the provision of the Website and the Divido Service complies with the laws of any country apart from England.
8.3. The provisions in this clause do not affect your statutory or mandatory rights which cannot be excluded by applicable law.
9. THIRD PARTY SITES
The Website may contain links to other independent third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.
10. GENERAL REPRESENTATIONS AND WARRANTIES
You represent and warrant that your use of the Website and the Divido Service will be in strict accordance with the Agreement. In particular, you represent and warrant that:
a) You will comply with the Agreement at all times;
b) You will provide us and/or the Merchant with accurate and up-to-date information (where required);
c) You will not use the Website or the Divido Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with the Agreement, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website or the Divido Service;
d) You will not infringe our intellectual property rights or those of any third party in relation to your use of the Divido Service;
e) You will not do any of the following in relation to your use of the Divido Service:
i. Disclose the name, address, telephone number, e-mail address or any other personal data in respect of any individual without their consent,
ii. Be likely to mislead or deceive any person, or
iii. Impersonate any person, or misrepresent your identity or affiliation with any person;
f) You will not use the Website or the Divido Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
g) You will not collect or harvest any information or data from any content or our systems or attempt to decipher any transmissions to or from the servers running the Divido Service.
11. LIMITATION OF LIABILITY
11.1. Nothing in this Agreement limits or excludes Divido’s liability for death or personal injury caused by its negligence, fraud or fraudulent misrepresentation or any other liability than cannot be excluded under law.
11.2. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or the Divido Services, whether express or implied.
11.3. Divido will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
a) Use of, or inability to use, the Website;
b) Use of, or reliance on, any content displayed on the Website;
c) Rejection of your application for the Divido Services;
d) Any breach by the Merchant, including any failure or fault in the Product purchased from the Merchant, including a failure to deliver or delay in delivery of the Product; and
e) Any breach by the Lender, including failure to make payment to the Merchant.
11.4. Divido shall not be liable, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for indirect, consequential or special loss, loss of profit, loss sales or business opportunity, loss of agreements or contracts, loss of anticipated savings and loss of or damage to goodwill arising under or in connection with this Agreement.
11.5. In addition, Divido will not be liable for any loss or damage caused by:
a) A virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or any websites linked to it; and
b) Any failure or delay in providing the Website or the Divido Service to you due to matters beyond its reasonable control.
11.6. Divido’s total liability to you under or in connection with this Agreement shall be limited to £100.
12.1. Divido may terminate this Agreement and suspend your use of or access to all or any part of the Website or the Divido Service immediately by contacting you at your email address on record if:
a) You commit a breach of the Agreement, as determined by us in our discretion, or we suspect that may be the case;
b) The Lender terminates its agreement with you;
c) We consider termination necessary to protect the integrity or security of the systems used by us at any time;
d) You are deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; or
e) You apply for bankruptcy or become subject of a bankruptcy petition or order.
12.2. On termination of the Agreement, all rights granted to you under the Agreement shall cease and you must immediately cease all activities authorised by the Agreement, including your use of the Divido Service.
12.3. Any provision of this Agreement that expressly or by implication is intended to come into or continue in force on or after termination of this Agreement shall remain in full force and effect.
12.4.Termination or expiry of this Agreement shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Agreement which existed at or before the date of termination or expiry.
13. ENTIRE AGREEMENT
13.1. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
13.2. Nothing in this Agreement affects the liabilities, rights and obligations of you, the Merchant and the Lender under the applicable terms between you and the Merchant and you and the Lender.
If Divido fails to insist that you perform any of your obligations under this Agreement, or if Divido does not enforce its rights against you, or if Divido delay in doing so, that will not mean that Divido has waived its rights against you and will not mean that you do not have to comply with those obligations. If Divido does waive a default by you, it will only do so in writing, and that will not mean that Divido will automatically waive any later default by you.
15. ASSIGNMENT AND OTHER DEALINGS
15.1. You may not assign, transfer or deal in any other manner with any or all of your rights under this Agreement without the prior written consent of the Divido.
15.2. Divido may at any time assign, transfer or deal in any other manner with any or all of its rights under this Agreement, provided that it gives prior written notice of such dealing to you and such dealing will not materially affect your rights under this Agreement or the obligations owed to you under this Agreement.
Each of the paragraphs of this Agreement operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
We reserve the right to change the Agreement at any time for any reason. Any changes we may make to the Agreement in the future will be notified to you by email in advance.
18. THIRD PARTY RIGHTS
This Agreement is between you and Divido. No other person shall have any rights to enforce any of its terms.
19. GOVERNING LAW AND JURISDICTION
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and you agree that the courts of England and Wales shall have exclusive jurisdiction over such disputes or claims.
Last Updated: 10th July 2015
For the purpose of the UK Data Protection Act 1998 (the “Act”), the data controller is Divido. Divido is registered with the Information Commissioner’s Office for data protection: ZA086930.
1. INFORMATION WE COLLECT
As a credit broker we collect information about you in three different ways.
First, we collect information directly from you, including:
Registration – When you create a user profile on the Website, you may submit personal information including your name, date of birth, telephone number, address, employment information and email address; andCorrespondence – We will store any communication between you and us, including by way of phone, online forms, e-mail or otherwise. Second, when you apply for the Divido Services you provide the Merchant (as defined in the End User Terms) with information about yourself which the Merchant then provides to us, including:
Credit Check information – Your name, date of birth, sex, marital status, billing and mailing address, email address, employment information, telephone number, payment instrument information and other financial information; and Identity Check information – Your credit card details, your passport and your driver’s licence. Third, we also receive information about you from other sources, including:
Analytics – We are working with analytics providers and may receive information about you and your web usage from them.
3. USE OF YOUR INFORMATION
Divido shall process your personal data only to the extent, and in such a manner, as is necessary for the following purposes:
- To provide you with the Divido Services
- To conduct, or arrange for a credit agency to conduct, credit checks
- To provide you with information about changes or updates to the Divido Services which affect your rights and obligations
- To provide you with information about the services we feel may interest you, where you consent to receiving such information
- To present content from the Website in an effective manner to you
- To deal with your queries, complaints or concerns
- To provide you with special offers, promotions, surveys and other information about 9. the Divido Platform, where you consent to receiving such information
- For research and development to evaluate and enhance the Divido Platform and For system administration, such as for technical support, computer system processing, security and maintenance and activity verification,
and shall not process your personal data for any other purpose.
4. STORAGE OF YOUR INFORMATION
Your personal data will be stored in Divido’s secure servers and will not be retained for longer than is necessary for the purposes described in clause 3. Once your personal data is not needed, it will be securely deleted to prevent non-authorised third parties from accessing the data during and after the process.
Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential.
5. PAYMENTS AND THIRD-PARTY PAYMENT PROCESSOR
6. DISCLOSURE OF YOUR INFORMATION
In order to provide the Divido Services to you, we will need to disclose your personal information to the Merchant and the Lender.
We may also disclose your personal information to selected third parties including agents, business partners, suppliers, service providers (such as Stripe for the purpose of processing payments), affiliates, contractors and advisors who may also use your personal data for the purposes described in clause 3.
We may also need to disclose your personal information to:
- Comply with any legal obligation or respond to law enforcement
- Investigate and help prevent security threats, fraud or other malicious activity
- Enforce and protect our rights and properties or apply our Terms of Service and other agreements
- Protect the rights, property or safety of Divido Financial Services Limited, our users, employees or others or
- Prospective or actual purchasers of the Divido Service or a related asset or line of business
7. YOUR RIGHTS
You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we or the Merchants use to collect your personal data. You can also exercise the right at any time by contacting us at [email protected].
8. YOUR RIGHTS OF ACCESS TO AND ACCURACY OF YOUR INFORMATION
The Act gives you the right to access and amend personal information held about you. These rights can be exercised in accordance with the Act and by contacting us with your request at [email protected]. Any access request may be subject to a fee to meet our costs in providing you with details of such information.
You can find more detailed information about your rights at the Information Commissioner’s Office website (www.ico.gov.uk).