Terms & Conditions
This website is owned and operated by Martelo and Mo. Your use of this website, and our bespoke furniture design service, is unforeseeable, once you confirm these Terms and Conditions. Please read these Terms and Conditions carefully before you engage with our service. You will be assumed to have read, understood and agreed to our Terms and are therefore bound by them, at all times.
In the following Terms and Conditions, any use of ‘we’, ‘our’ or ‘us’ refers, at all times, to Martelo and Mo. Any use of ‘you’ or ‘your’ refers, at all times, to our users and customers.
Martelo and Mo are passionate about designing and creating functional, well-made furniture and homewares from sustainably sourced materials. We provide ready-made collection pieces through our online store, and we also delight in collaborating on bespoke pieces with our customers. We feel great satisfaction in seeing a bespoke creation find its unique place in your everyday life.
Whether it be our collection or custom pieces, are made with quality, love, style and functionality in mind.
Martelo and Mo reserve the right to make changes to our services, without notice or consequence and at any time. Those changes include any aspects of our service- designs, materials, practices and procedures and prices. Nonetheless, we will endeavour to keep you informed of all the necessary changes.
We reserve the right to refuse our services to anyone at any time, and for any reason, we believe valid, including any breach of our Terms and Conditions.
PRODUCT AND DESIGN
At Martelo and Mo, we pride ourselves on the individuality of our products and designs. We have several collection pieces that are available to purchase on our website. We provide a design service, by working closely by your side in creating the perfect piece of furniture for your space.
The CAD drawing of any bespoke design by Martelo and Mo remains our property at all times. If we create a bespoke piece for you, we merely grant you ownership of the completed piece of furniture. No rights to the design or technical drawings will be transferred to the customer.
If you have selected a collection product from our website, your final piece may exhibit some different natural characteristics to the one displayed on our website. The timber being a raw material will vary in colour and appearance from piece to piece. Please refer to our section on product appearance for more information.
Despite being a ‘collection piece’, the word collection refers to its overall style and features. Every piece of furniture manufactured by Martelo and Mo is unique and will embody some variations. The customer confirms and accepts that there will be some variations and may not withdraw from the purchase of that piece or refuse acceptance of the piece on this basis.
ONLINE PURCHASES OF COLLECTION PIECES
For those customers who do not require or desire a bespoke piece of furniture, Martelo and Mo have made a collection available through our website which is continually expanding.
Collection pieces must be paid for in full at the time of purchase. We use a secure online payment system provided by Shopify.
Martelo and Mo's gift vouchers will be valid for 12 months from the date of issue. Vouchers are not transferrable or redeemable for cash and are not replaceable if lost or damaged.
Delivery prices will differ for online orders, depending on the size of your order and your location. Please contact us to get a quote for freight. The delivery cost will be added to the total amount of your order and will be due at the time of your order confirmation.
All relevant delivery rules apply- please see our section on delivery within these Terms and Conditions for further information.
In addition to our collection pieces, Martelo and Mo are passionate about creating the perfect bespoke piece to suit your home and lifestyle. We will liaise closely with you to design a product that adequately reflects your taste and style and handcraft your order with a great deal of love and to the highest standards of quality.
After the design process is completed, we will provide you with a quote for the piece or pieces (not inclusive of delivery). All quotes are valid for 30 days from the date of the quote. Upon your acceptance of both the design specifics and the quoted price, you will be liable to pay the full amount for the order, along with the delivery fee quoted separately.
Acceptance will be deemed to be given to Martelo and Mo once a 50% deposit of the total amount has been paid, before the commencement of the manufacturing process. The production will not commence until this amount is paid. If you are unable to pay the deposit on time, this may cause delays in the projected production timeline, and a new schedule will be provided to you as a consequence. We will not be responsible for such delays.
We always ensure that we take the time required to understand our customer, as well as their requirements for custom pieces. We will consult with you directly throughout the initial phase of the design process and create a drawing, including specifications, to reflect your input along with our design expertise. Once you have approved your design, we will only be able to make minor changes in very limited circumstances. Any change that is supported by us may incur additional costs and add time to the projected manufacturing timeline. Please be aware of this before approval. We will not provide refunds if you change your mind on your design.
Please note that some designs may need to be altered slightly at certain points throughout the design and manufacture process. For example, if it is necessary for us to visit your building site to inspect or measure, we may need to make changes to the original specifications of your custom build. These may be quoted at a further cost.
For bespoke orders, we require a 50% deposit upon approval of your design drawing, with the remaining 50% to pay in full before delivery. Your invoice will include available payment options.
We will not begin manufacturing of your piece until we have received your deposit. Deposits are strictly non-refundable.
Your quoted price for a bespoke order will not include freight and delivery. We will provide you with a separate individual quote for shipping, which we will then add to your order total.
Freight charges may vary considerably, based on the size and weight of your order, as well as your delivery location and circumstances.
Martelo and Mo will notify you when your bespoke or collection piece order is ready for shipping. If we are unable to arrange delivery, or you are unable to accept a delivery within 14 days of the completion, you will be required to pay the remaining 50% balance of your order (in the case of bespoke). A storage fee will also be payable until collection or redelivery is scheduled. The storage fee will vary depending on the size of your pieces and the amount of time we are required to hold onto it for you.
For domestic orders, we usually use a third party delivery company. We do not govern or police their practices or terms, nor will we repay them in the event of loss or damage to your order.
Martelo and Mo recommend adding insurance to your quote and delivery service. We will not be liable for any loss or damage once your order has left our possession.
Any completion or delivery timeline given to you during the design process is merely an indication. Delays can, unfortunately, occur due to circumstances beyond our control. We will always ensure that we keep you updated if your project is expected to extend beyond the projected completion date.
Martelo and Mo cannot be held liable for any negative consequences that may incur from delays in delivery as we do not provide guarantees regarding the delivery date of your order.
If you are waiting on the completion of a building project to accept delivery of your pieces, and your project is delayed, we may be able to hold the product/s for you. However, there will be a fee associated with the storage.
Fees will vary based on the size of your order and the length of time. We reserve the right to refuse to deliver your order until you have paid all appropriate fees.
CHANGES AND CANCELLATIONS
Martelo and Mo want you to be 100% satisfied with your piece. We will try and accommodate changes to bespoke orders, wherever possible. However, we cannot guarantee that we will always be able to do so. If changes are required, that will attract additional fees to your design; these will need to be quoted accordingly.
If the measurements of our collection pieces do not fit your exact requirements, please contact us to customise the product specifications to suit your needs.
We cannot accept cancellations on collection orders made through our website once payment has cleared. Please ensure that you are sure about your order before confirming.
Cancellation on bespoke orders may be possible in certain circumstances but are strictly at our discretion. Deposits are not refundable under any conditions. If we have commenced the manufacturing process, we may not be able to accept cancellation without payment of the remaining 50% balance for your order. Bespoke products are often specific and take a great deal of work, so please be sure when you place your order.
PRODUCT APPEARANCE AND SPECIFICATIONS
Product images on our website or given to you throughout the custom design process may appear slightly different from your actual collection piece or finished bespoke product. Timber, in particular, as a natural material, can differ significantly from piece to piece.
It is common for timber to display different qualities including, but not limited to: timber grain, colour, gum sockets, scars and natural movement. Due to the nature of the materials we use and manufacturing processes, the following characteristics may appear on your piece:
- bandsaw marks across the grain,
- small ‘chip out’ marks from the planer,
- small machining marks,
- natural colour variation
Any differences in the initial appearance or natural ageing of pieces, including changes that may occur due to conditions and environment (e.g. hot vs cool climate/conditions) which are derived or inherent to their materials, are not considered as defects or flaws. Accordingly, they will not be covered by warranty, nor will they be adequate reason for a refund or exchange.
We are always happy to talk you through the materials used in the making of your product, and some of their natural characteristics, to assist you in making your final decision. If you wish to see timber swatches to guide you on your choice, please contact us, and we will be happy to supply you with these.
We may occasionally make minimal improvements to specifications of our collection pieces available on our website. Notice will be given where possible and necessary. Small changes will not be the reason for returning your product for a refund or exchange.
RETURNS AND REFUNDS
We do not provide refunds for change of mind on any of our products, bespoke or collection pieces. Please be sure before you place your order, to avoid disappointment.
Refunds or exchanges will be issued in limited circumstances if we believe there is a significant fault with your product. It will be at our discretion as to whether a refund or exchange is necessary for any given circumstances and this will be assessed on a piece-by-piece basis.
NOT FOR RESALE
Martelo and Mo strictly prohibit the commercial resale of any of our products. Persons found to be mistreating our service in this way will be refused service in the future.
We will provide you with relevant care information for your pieces at the time of delivery. These will vary based on the timber used. Please ensure that you adhere strictly to any instructions or guidelines provided, to ensure the longevity of your product. Please also see the care section of our website for further details.
At Martelo and Mo, we take pride in the quality and fine craftsmanship that is displayed in every one of our pieces. We are pleased to provide you with a warranty to protect against manufacturing faults.
Manufacturer Warranties will run for 5-years from the time of delivery for residential and a 3-year manufacturers warranty for commercial.
Your warranty will not cover any variances or natural ageing that occurs due to inherent qualities of the materials used in the creation of your piece.
Your warranty will also not cover misuse, general wear and tear including, but not limited to: scratching, chipping, dents or possible changes in colour, including extended exposure to sunlight. It also does not cover products that have been damaged in transit.
It is at our sole discretion to determine whether or not a particular defect will be covered under warranty. We reserve the right to request photographs, or inspect your product in person, before deciding as to a claim under warranty.
Warranties will be voided if the care instructions that have been supplied to you have not been followed. We reserve the right to refuse to uphold your warranty if we deem your piece as having not been adequately cared for in accordance the care instructions or if we believe your furniture has been mishandled or damaged through negligence (at our sole discretion).
Customers are advised to contact us directly with information about the suspected fault, along with relevant photographs and your original receipt or tax invoice.
EXCLUSION OF LIABILITY AND LOSS OR DAMAGE
Except as provided to the contrary in these Terms and Conditions, all representations, warranties or undertakings (express or implied) concerning our products or Terms and Conditions are at this moment excluded to the maximum extent permitted by law.
Martelo and Mo shall not be under any liability to you in respect of any loss or damage (including consequential loss or damage), which may be suffered or incurred or which may arise directly, or indirectly to any party in respect of our products and services.
The customer will indemnify and hold harmless Martelo and Mo against any actions, claims, proceedings, costs, losses, expenses, liabilities, including legal fees caused or arising out of, or in connection with, or resulting from our products and services or the use of our products and all damages or injuries caused to anyone whatsoever.
All Martelo and Mo products should be dealt with great care. Reasonable and necessary safety measures must be taken at all times when the products are in your home. Once products are delivered, all safety liability transfers to the customer. Martelo and Mo will not assume any responsibility for the safe use of products once ownership has been assigned to the customer.
Our website (including all information contained within it), our designs (registered or unregistered) and our copyright remain at all times the property of Martelo and Mo and are protected from unauthorised use, publication and dissemination by the laws of intellectual property.
Martelo and Mo retain all right, title and interest in the derivatives of all drawings, designs (registered or unregistered) and copyright.
Martelo and Mo rely on the laws of intellectual property to protect against the mistreat of our bespoke designs. Any and all original Martelo and Mo designs as well as our finished or unfinished products, any images, photographs, illustrations, logos, text, HTML code or any other intellectual property content made available on our website or throughout our brand, are the property of Martelo and Mo and remain our property at all times.
We grant users and customers a license to access and enjoy this information via our website and products. We do not give users and customers a licence or any right whatsoever to use our intellectual property without our prior written authorisation.
Martelo and Mo may allow the printing, gathering, storing, copying or sharing of website information for the individual or personal purposes; however, our express written consent must be given.
If you are sharing any of our original images through the use of social media, please ensure that you credit us as the owners of the material. Failure to do so is considered a breach of our intellectual property rights.
We reserve the right to refuse access to our service or take any necessary further legal action against persons who violate our rights as intellectual property holders.
No Intellectual Property rights shall vest with you in any sketch or drawing provided by you to us in the process of designing a custom order.
LINKS TO THIRD PARTY WEBSITES
Throughout our website and associated social media, we may provide links to third party websites. These links are provided for your enjoyment or information. The material and content made available throughout these links are not intended as a representation of Martelo and Mo's or our employees' opinions. Following these links is always at your discretion.
Martelo and Mo are not responsible for policing the services, policies or practices of these third parties. We will not be held accountable for any loss, damage or any other consequences that may arise out of the use of third party websites or services.
LIABILITY AND INDEMNITY
To the maximum extent permitted by law, Martelo and Mo cannot be held liable or responsible for any loss or damage that any person may suffer as a direct or indirect result of using our website or utilising our services including the use of our products.
Reasonable safety precautions must be taken at all times when dealing with our pieces. We are not liable once your piece of furniture has left our possession at which point you will be held directly responsible for any incidents that may occur to you or anyone else as a result of the use or misuse of our products and services.
LIABILITY AND INDEMNITY
All content, information and imagery provided through the Martelo and Mo’s website and brand, or through customer service correspondence with our staff, is intended strictly for general purposes. Martelo and Mo do not make any guarantee (express or implied) as to the accuracy, currency, reliability or completeness of any materials supplied.
APPEARANCE OF TERMS
When placing an order for a bespoke piece, or shopping on our website, you will be required to read and agree to our Terms and Conditions, as well as accept to the quote and design information issued for you. Once you have done so, you will remain bound by our Terms at all times, and a contractual relationship will exist between you and Martelo and Mo.
No adjustments or variations may be made to this document, unless expressly agreed upon, ahead of time, by Martelo and Mo and you.
Martelo and Mo reserve the right to utilise any remedies available to us, including legal, in the event of a breach of our Terms and Conditions.
WHOLE OF TERMS AND CONDITIONS
These Terms and Conditions comprise the whole of the Terms and Conditions that govern the relationship between Martelo and Mo and our Customers.
Unless explicitly stated, no other term, condition, assurance, representation, warranty or inference will apply. The only exception to this, are provisions that are automatically enforced through the application of any relevant regulation, consumer or otherwise.
The severance of one section of this document will not affect any other Term or Condition contained herein. All remaining provisions will remain in force if one part is edited or removed as required at law.
CHANGES OF TERMS AND CONDITIONS
We reserve the right to make changes to our Terms and Conditions at any stage, without notice or consequence. Your continued use of our website and service indicates your knowledge and acceptance of any changes we may make in the future.
These Terms and Conditions are current as of January 2021.