Please read all these terms and conditions.
1. These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer).
2. Chic Marble Ltd of Bessborough Works, Molesey Road ,West Molesey, Surrey, KT8 2QS with the email address firstname.lastname@example.org (the Supplier or us).
3. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions.
4. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
5. Contract means the legally-binding agreement between you and us for the supply of the Services;
6. Delivery Location means the Supplier’s premises or other location where the Services are to be supplied, as set out in the Order;
7. Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
8. Order means the Customer’s order for the Services from the Supplier as set out in the Customer’s order or in the Customer’s written acceptance of the Supplier’s quotation;
9. Services means the services, including any Goods, of the number and description set out in the Order.
10. The description of the Services and any Goods is as set out in our website, brochures and other forms of advertising. Any description is for illustrative purposes only and there may be small discrepancies in size and colour of any Goods supplied.
11. In the case of Services and any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
12. All Services are subject to availability.
13. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes verbally or by email.
14. You must co-operate with us in all manners relating to the Services, provide us and our authorised employees and representatives with access to any premises under your control as required, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
15. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it, or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
Basis of Sale
16. The description of the Services and any Goods in our website, brochures or any other form of advertisement does not constitute a contractual offer to sell the Services or Goods.
17. When an Order has been made, we can reject it for any reason, although we will try to tell you the reason without delay.
18. A Contract will be formed for the Services ordered, only upon the Supplier sending an email to the Customer saying that the Order has been accepted or, if earlier, the Supplier’s delivery of the Service to the Customer.
19. Any quotation or estimate of Fees (as defined below) is valid for a maximum of 28 days from this date, unless we expressly withdraw it at an earlier time.
20. No variation of the Contract, whether about description of the Services, Fees or otherwise, can be made after it has been entered unless the variation is agreed by the Customer and the Supplier in writing.
21. We intend that these Terms and Conditions apply to a Contract entered into by you as a Consumer where we, the Supplier and you the Customer, enter the Contract at any of the Supplier’s business premises, and where the Contract is not a contract (i) for which an offer was made by the Customer in the Supplier’s and the Customer’s simultaneous physical presence away from those premises, or (ii) made immediately after the Customer was personally and individually addressed in the Supplier’s and the Customer’s simultaneous physical presence away from those premises. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate to you and which might, in some way, be better for you.
Fees and Payment
22. The fees (Fees) for the Services, the price of any Goods (if not included in the Fees) and any additional delivery or other charges is that set out in our price list current at the date of the Order or such other price as we may agree in writing. Prices for Services may be calculated on a fixed fee or on a standard rate basis.
23. Fees and charges include VAT at the rate applicable at the time of the Order.
24. Payment for Services must be made on the day of installation or delivery. You must pay in cash, bank transfer or by credit or debit card so that we can make payment immediately or otherwise before delivery of the Services.
25. We will deliver the Services, including all Goods, to the Delivery Location by the time, or within the agreed period or, failing any agreement in the case of Services, within a reasonable time.
26. In any case, regardless of events beyond our control, if we do not deliver the Services on time, you can require us to reduce the Fees or charges by an appropriate amount (including the right to receive a refund for anything already paid above the reduced amount).
27. In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:
a. we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or
b. after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
28. If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.
29. If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them or allow us to collect them from you and we will pay for the costs of this.
30. We do not generally deliver to addresses outside England and Wales, Scotland Northern Island, the Isle of Man and Channel Islands. If however we accept an Order for delivery outside that area, you will need to pay import duties or other taxes, as we will not pay them.
31. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.
32. If you or your nominee fails, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
33. The Goods will become your responsibility from the completion of delivery or Customer collection. You must examine the Goods before accepting them.
Risk and Title
34. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
35. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
36. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.
37. We have a legal duty to supply the Goods in conformity with the Contract, and will not have confirmed if it does not meet the following obligation.
38. Upon delivery, the Goods will:
a) be of satisfactory quality
b) be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us, and be fit for any purpose held out by us or set out in the Contract; and
c) confirm to their description.
39. It is not a failure to confirm if the failure has its origin in your materials.