Terms and Conditions
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Terms and Conditions of Contract
- “Buyer” or “You” – person who buys or agrees to buy Products from the Seller.
- “Conditions” – terms and conditions of contract set out in this document and any special terms and conditions agreed between us in writing.
- “Delivery date” – date specified by the Seller when the Products are to be delivered.
- “Products” – goods specified.
- “Price” – total price for the Products including carriage, packing, installation and VAT.
- “Seller” – Worktops.net
- “Consumer” shall bear the meaning as described in section 12 of the Unfair Contract Terms Act 1977.
- Nothing in these conditions shall affect the Buyer’s statutory rights as a consumer.
- The Seller shall sell and the Buyer shall purchase the Products in accordance with any written quotation of the Seller which is accepted by the Buyer, or any written or verbal order of the Buyer which is accepted by the Seller including but not limited to orders placed using the Sellerís electronic online ordering service, subject in any case to these conditions, which shall govern the contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or is purported to be made, by the Buyer.
- Any typographical or clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- If any provision of these conditions is adjudged invalid or unenforceable in whole or in part the validity of the other provisions of these conditions and the remainder of those provisions in question shall not be affected.
- If the Seller does not have sufficient stock to be able to deliver the goods ordered by the Buyer then any sum paid will be refunded or credited to the Buyer’s account and the Seller will notify the Buyer at the address given by You in your order form. The refund will be made as soon as possible and, in any event, within 30 days of your order and the Seller will not be obliged to offer any compensation for disappointment suffered.
Price and payment
- Save as provided otherwise herein the Price shall be that as stipulated in the Seller’s written quotation. In the event of any increase in the cost to the Seller of raw materials, labour, overheads, or any increase in taxes or duties, or any variation in exchange rate the Seller may increase the Price payable under the contract upon written notice. If notice of price increase is given by the seller, the buyer shall have the right to cancel the order and receive back any sums they have paid. Notice of cancellation must be received in writing by the seller within seven days of delivery of the notice of price increase to the buyer.
- Payment for all orders are to be on a pro-forma basis.
- If the contract is for sale of Products without services then payment of the Price shall be due at the date of the order. Time for payment shall be of the essence. If the Buyer does not pay the Price when notified that the Products are ready for delivery or installation the Seller may bring an action for the Price even though property in the Products has not been passed to the Buyer. If the Buyer fails to make payment as required the Seller may terminate the contract and suspend performance of any other until payment is made in full.
- The quantity and description of the Products shall be set out in the Seller’s quotation.
- The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance required to conform with any applicable statutory requirements where the Products are supplied to the Seller’s specification.
- Photographs are for illustrative purpose only, and may not exactly match the product itself.
- Worktop products are subject to natural variations in colour, porosity and texture. The Buyer accepts that such variations do not constitute grounds for rejection of the Products. Samples are available, however samples of all products are subject to particle & colour variance and are only to be used as a guide not a control sample.
- Delivery of the products shall be made by the Seller or his agent notifying the Buyer that the products are available for collection at the Sellers premises or for delivery to such place as the Buyer may specify at the time the order is placed.
- The Seller shall use his reasonable endeavours to meet any date agreed for delivery.
- In any event time of delivery shall not be of the essence however we aim to fulfil the delivery within 2-4 weeks from the date of the order. Please note some items may be delivered sooner or later than the above stated period.
- The Seller shall not be liable for any delay in delivery howsoever caused.
- All orders for delivery to addresses within mainland GB are delivered at the advised charge prior to order confirmation.
- For delivery to Northern Ireland, Isle of Man, Isle of Wight, Scottish Islands and Channel Islands we will only be able to deliver to a nominated mainland GB address e.g. a port at the advised charge. Onward shipping from that point is the responsibility of the customer.
- Normal delivery times are 8am – 6pm Monday to Friday.
- Where a delivery date has been agreed with our carrier but the customer isn’t present to receive the delivery we reserve the right to charge the customer a minimum of £25 to cover part of the cost of the failed delivery.
- Goods are delivered to the door of the Buyer’s premises only.
Installation and Fitting
- Where the contract provides for Products to be laid or installed, we will carry out a site inspection at a time convenient to you and prepare a site survey report. The site survey report will specify the work to be carried out by the Seller and the responsibilities of the Buyer. In accepting the site survey report the Buyer agrees to:
- make sure that the fitter has access to the site at reasonable times (between 8am and 6pm on weekdays) or otherwise as agreed by you and us;
- make sure that any re-routing or installation of plumbing (including water, radiators, drainage, gas, sewage and the like), or electrics have been carried out to a good workman-like standard prior to the fitting date;
- remove furniture and carpets as requested in the site survey. Seller will not be liable for damage to any furnishings that have not been moved as requested;
- clear the room to provide sufficient working space for the fitter, and co-operate in reducing health and safety risks to an acceptable level;
- provide the driver with the guest parking permit if you live in a controlled parking zone or alternatively make necessary payment for time vehicle is parked.
- In accepting the site survey the Buyer confirms
- that you will be present during the site survey or templating service
- that you have told us of any particular features which you know about the site or its construction which may make the installation more difficult than we might reasonably expect. In particular, you acknowledge that you have checked the walls are sound.
Returns and Cancellations
- A zero return policy applies for all bespoke/manufactured orders and materials
- Buyer can either arrange to return the goods himself to the Seller’s specified address at his own cost or he may ask the Seller to collect the goods in which case he will be charged by the Seller the same amount he paid for original delivery when placing an order
- Buyer will be responsible for return delivery costs, which will be deducted from their refund.
- A minimum of 30% restocking charge will be applicable to any returns or cancellations on any Products. Bespoke materials or orders are non-refundable.
- Any cancellations received after 7 days of the date on the Contract are at the discretion of the Seller. Should any cancellation be accepted, deposits are non-refundable.
- Goods must be returned to the Seller in the same condition they were in at the time of delivery to the Buyer and in their original packaging. Items which are not adequately packaged at time of collection may not be collected and a minimum charge of £50 or the costs equal to that of the collection charges charged to the Seller may be levied to cover cost of failed collection.
- Refunds will be issued within 30 days of receipt of goods and after we have inspected them for damage. We reserve the right to withhold all or part of your refund if items are returned damaged.
Warranty and Acceptance
- Stone Products.
- Stone Products are sold as seen. No warranty is provided in respect of any stone products except that the Buyer may, within 7 days of delivery and in accordance with Clause 7, return any products with which he is not satisfied. The Buyer shall be deemed to have accepted the Products 7 days after delivery.
- Manufactured Products
- Buyer shall receive the full benefits of any warranty offered by the manufacturer
- Industry standards allow for manufacturing tolerances of +- 2mm
- You may experience slight colour difference between joints. This may be caused by light defraction under window areas or variational tolerance in colour on all stone and quartz products. Wortkops.net regards these issues as fully acceptable and will not consider any claims to replace worktops due to slight variance in tone/colour/particles. Solid surface products are not subject to this variational tolerance
Title and risk
- Risk of damage to or loss of the Products shall pass to the Buyer upon delivery.
- Notwithstanding any other provision herein title in the Products shall not pass to the Buyer until the Seller has received in cash or clear funds payment in full.
- The Seller reserves the right to remove Products belonging to the Seller from the Buyers premises or from site in the event of insolvency or failure of payment from the Buyer
- The Buyer shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Products which remain the property of the Seller, but if the Buyer does so all moneys owing to the Seller shall (without prejudice to any other right or remedy on the Seller) immediately become due and payable.
- Seller shall be entitled to cancel the contract or suspend performance without further liability if:
- The Buyer makes any voluntary arrangements with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt, or (being a company) goes into liquidation (otherwise than for the purposes of amalgamation or reconstruction) or
- An encumbrancer takes possession, or a receiver is appointed, of any of the property or assets of the Buyer, or
- The Buyer, not being a consumer, ceases, or threatens to cease, to carry on business, or
- The Seller reasonably apprehends that any of the events mentioned above is about to occur in relation to the Buyer and notifies the Buyer accordingly.
- If the Products have been delivered but not paid for the Price shall become immediately due and payable.
- Customer is solely responsible for and hereby agrees to keep Seller indemnified against all liability arising from:
- Buyer’s failure to obtain any necessary planning consent or to comply with other statutory regulations relating to the installation or use of the Products.
- Operation or use of the Products other than in strict accordance with the manufacturer’s operating instructions
- Seller’s liability to the Buyer for any default or breach whatsoever arising shall in no case exceed the contract Price.
- Neither party shall 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 strikes, lock outs, accidents, war, fire, reduction in or unavailability of power at the Seller’s premises or its manufacturing plant, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
- Any notice required or permitted to be given by either party to the other under the conditions shall be in writing and in the case of notices to the Seller, addressed to the Seller at its registered office or in the case of notices to the Buyer, at the Buyerís address as provided to the Seller.
Third party Rights
- For the purposes of the Contracts (Rights of Third Parties) Act 1999 [and notwithstanding any other provision of this contract] this this contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
- This Contract shall be governed by the law of England and Wales and any dispute question or remedy howsoever arising shall be determined exclusively by the Courts of England and Wales.