Terms & Conditions
GENERAL
These terms and conditions shall form part of every contract of sale entered into by us unless excluded or varied with our written intent.
TECHNICAL ADVICE
Whilst every effort is made to be accurate we cannot be held liable for any technical information or advice given by us at any time.
SAMPLES
Where samples are submitted the sample is drawn from and is representative of bulk.
SHADE VARIATION & CRAZING
All tiles are subject to shade variation and tiles from different boxes should be mixed. Customers must order the correct quantity for their requirement. The Company cannot guarantee to match shades of previous orders. No tiles are guaranteed against crazing.
VARIATION OF PRICE
Unless otherwise expressly agreed by us in writing, all prices and terms are subject to revision at any time in respect of increase in cost caused by circumstances beyond our control. When the cost is so increased we reserve the right to apply the extent of the increase in the amount charged for any quantities of goods still to be delivered and affected by the increase.
PRICES
Goods are supplied at prices ruling at time of order.
TERMS OF PAYMENT
All accounts are payable at our Head Office at Unit 1 Royds Lane, Lower Wortley Ring Road, Leeds, LS12 6DU and are strictly net monthly. In the event of any delay in payment we shall be entitled to charge interest @ 4% over Barclays Bank PLC’s base lending rate.
RESERVATION OF TITLE
The ownership of the goods shall only pass to the purchaser when he/she has paid all that is owing to Ceramique Internationale Ltd. Notwithstanding this reservation of title the purchaser shall have full responsibility for all risks relating to the goods whilst in the purchasers possession.
RISK
Risk in the goods shall pass to you on delivery.
STORAGE
Subject to terms of delivery if we do not receive forwarding instructions sufficient to enable us to despatch within fourteen days after notification that the goods are ready for despatch, you shall take delivery or arrange for storage. If at our discretion we are prepared to store, or arrange storage of the goods we will make a reasonable storage charge until the goods are despatched, and the goods shall be paid for as if they had been notified as ready for despatch. Any charges for storage or demurrage payable as a result of your failure to accept delivery duly tendered must be paid by you.
FORCE MAJURE
We will not be liable for any loss or consequential liability or damage sustained by the buyer by reason of acts of God, war, riots, fires, strikes, lockouts, governmental control or regulations, abnormal weather conditions, accidents, breakdowns or any other circumstances beyond our control. If execution of any order is delayed by any such event the time for delivery is to be automatically extended by the same number of days that there shall have been days of delays.
LEGAL CONSTRUCTION
The contract shall in all respects be construed and operate as an English contract and in conformity with English Law.
On-line Terms and Conditions of sale
These terms and conditions will apply to all sales of products made by Ceramique Internationale Ltd to our customers.
1. DEFINITIONS
In these terms, except where the context indicates otherwise, the following phrases will have the following meanings:
Goods means the products which we are selling to you as set out in the Order.
Order means a document whether in hard copy or electronic form produced by us setting out the Goods we are to supply to you under these terms.
Unexpected Event shall have the meaning given to it in clause 12.
Working Day means any day except Saturdays, Sundays and bank and public holidays.
We and Us and related expressions mean Ceramique Internationale Ltd
You and Your and related expressions means the person to whom the order is addressed.
Consumer means any person who, in buying goods is acting for purposes that are outside their business.
Special orders means any goods which are made to your specification.
2. BASIS OF CONTRACT
2.1 These terms, the order, are considered by us to set out the whole agreement between you and us for the sale of the goods. Please check that the details in the terms or on the order are complete and accurate before you commit yourself to the contract. Please ensure you read and understand these terms before confirming the order, because you will be bound by the terms once a contract comes into existence between us, in accordance with clause 2.4.
2.2 If any terms are inconsistent with the terms of the Order, the Order shall prevail.
2.3 The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.
2.4 These terms shall be binding upon you and us when we notify you with a written acceptance of an Order (whether in hard copy or electronic form), at which point a contract shall come into existence between us.
2.5 We have the right to revise and amend these terms from time to time to reflect change in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in the capabilities of any systems operated by us. You will be subject to the policies and terms in force at the time that a binding contract comes into existence in accordance with clause 2.4; unless any change to those policies or these terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).
2.6 To be eligible to purchase products you must be over 18 years of age; registered by providing your name, phone number, email address, payment details and other requested information including a valid UK delivery address; and possess a valid credit or debit card issued by a bank acceptable to us.
3. CANCELLATION/COOLING OFF AND ORDER AMENDMENTS
3.1With the exception of special orders, you may amend your order with us at any time before the packing date. Please contact us on0113 2310 218 . Order amendments notified to us after the scheduling date may delay the previously agreed delivery date and time. We will endeavour to amend your order in time for despatch as previously agreed; however should there be insufficient time we will make contact with you to re- arrange a later delivery date.
3.3 With the exception of special orders, you may cancel your order with us at any time between the date we accept your order and 14 calendar days after the completion of the contract.
Please see our returns policy.
If you cancel your order, you shall have no further claim against us under that contract.
3.4 If you exercise your right to cancel or amend your order, any refunds due will be refunded within 30 days.
4. THE GOODS
4.1 We warrant that on delivery the goods shall:
4.1.1 comply in all material respects with their description on the Order;
4.1.2 be of satisfactory quality;
4.1.3 be fit for purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;
4.1.4 be free from any material defects in design, material or workmanship; and
4.1.5 comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.
4.2 The warranties set out in this clause 4 are in addition to your legal rights in relation to Goods which are faulty or which do not otherwise confirm with these Terms. Advice about your legal rights is available from your local CitizensAdvice Bureau or Trading Standards office.
4.3 This warranty does not apply to any defect in the Goods arising from:
4.3.1 fair wear and tear, wilful damage, accident or negligence by you or any third party;
4.3.2 use of the Goods in a way that we do not recommend;
4.3.3 your failure to follow instruction (including instructions about use,
cleaning and servicing of the Goods) which we have provided to you; or
4.3.4 any alteration or repair you carry out without prior written approval.
4.4 Ceramic tiles are batch produced therefore tonal variation and calibration differences between batches is an inherent characteristic. It may not be possible to re-buy from the same batch.
5. PRICE AND PAYMENT
5.1 The price of goods shall be the price in force at the time you confirm your order. We reserve the right to update our price list from time to time without providing specific notice to you.
5.2 The price includes VAT (unless otherwise stated). VAT will be charged at the rate applying at the time of delivery.
5.3 The price or goods excludes delivery (unless otherwise stated). The cost of delivery shall be as specified in the order.
5.4 Payment of all Goods must be made in advance. We accept payment with Visa, Maestro, Mastercard payment cards.
6. DELIVERY
6.1 The Goods will be delivered to your delivery address specified on the Order.
6.2 Delivery of the order shall be complete when we deliver the Goods to you.
6.3 If we are not able to deliver the whole of the Order at one time for any reason including operational reasons or shortage of stock, we will deliver the Order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.
6.4 We will take reasonable steps to meet the delivery time that we advise by phone (or as otherwise agreed between us). However, occasionally delivery may be affected by factors which we do not control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery with you. We shall have no liability for late delivery except where time has been made the essence of the contract and agreed by both parties in writing at time of ordering.
6.5 Please advise us if access to the delivery address will be difficult
6.6 Wherever possible, deliveries will be made using a nominated sub contractor vehicle. The service standard for these carrier service orders is delivery to the nearest access point to the delivery address.
6.7 We may decline to deliver the Goods if:
6.7.1 we believe that it would be unsafe, unlawful or unreasonably difficult to do so; or
6.7.2 the premises (or access to them) are unsuitable for the delivery vehicles we use.
6.8 If you fail to take delivery of the Order, then, except where this failure is caused by a failure by us to comply with these Terms:
6.8.1 we will store the Goods until delivery takes place and may charge you a reasonable sum to cover expenses; and
6.8.2 we shall have no liability for late delivery.
6.9 Once received, please check all goods within 48 hours. We reserve the right to refuse claims for damaged or missing goods made after this time unless a longer period of time has been previously agreed in writing.
6.10 We strongly advise you to arrange delivery at least 10 working days in advance of any installation work to allow sufficient time to check your order and to allow any natural materials to acclimatise; or to rectify any incorrect, delayed, damaged or postponed deliveries (for whatever reason). This will allow sufficient time to postpone your installation if necessary; we cannot accept responsibility for lost working time in any eventuality.
IT IS THE RESPONSIBILITY OF THE CUSTOMER AND THEIR TILE FIXER TO ENSURE THAT THE GOODS ORDERED, ARE SATISFACTORY QUALITY AND SUITABLE FOR THE PURPOSE REQUIRED. INCLUDING COLOUR, SHADE, AND GAUGE. NO CLAIMS CAN BE ACCEPTED ONCE THE MATERIALS ARE USED. GOODS ARE SUPPLIED ON THE STRICT UNDERSTANDING THAT BRITISH STANDARDS RELATING TO TILE FIXING ARE FOLLOWED.
8. RISK AND TITLE
8.1 The Goods will be your responsibility from the time of delivery.
8.2 Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.
9. LIMITATIONS OF LIABILITY
9.1 Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.
9.2 Neither you or we shall be responsible for losses that result from our own failure to comply with these Terms including, but not limited to, losses that fall into the following categories:
9.2.1 loss of income or revenue;
9.2.2 loss of business;
9.2.3 loss of anticipated savings;
9.2.4 loss of data; or
9.2.5 any waste of time.
However this clause 9.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.
9.3 Neither of us will exclude or limit in any way our liability for:
9.3.1 death or personal injury caused by our negligence; or
9.3.2 fraud or fraudulent misrepresentation; or
9.3.3 any breach of the obligations implied under section 12 of the Sale of Goods Act 1979; or
9.3.4 losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
9.3.5 any other matter for which it would be illegal or unlawful for either you or us to exclude to attempt to exclude our liability.
10. WAIVER AND VARIATIONS
If we fail, at any time while these terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of the rights or remedies which we have under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver or variation of these Terms shall be effective unless we expressly state that it is a waiver and we tell you so in writing.
11. UNEXPECTED EVENT
11.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of the obligations we may have under these Terms that is caused by events over which we have no reasonable control (an Unexpected Event).
11.2 An Unexpected Event includes Act of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, extreme weather conditions, lock-outs, transport delays, strikes and other industrial disputes and difficulty in obtaining supplies.
11.3 The obligations we have under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which the obligations we have under these Terms can be performed despite the Unexpected Event.
12. TRADE CUSTOMERS
These terms and conditions only apply if you are dealing with us as a consumer. If you wish to trade with us in the course of your business please contact us on 0113 2310 218 for more information.
13. GENERAL
13.1 English Law is applicable to any contract made under these Terms. The English and Welsh courts have non- exclusive jurisdiction.
13.2 If any of these Terms are unenforceable as drafted:
13.2.1 it will not affect the enforceability of any other of these Terms; and
13.2.2 if it would be enforceable if amended, it will be treated as so amended.
13.3 All notices sent by you to us must be sent to Ceramique Internationale Ltd at our registered offices.
We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served twenty four (24) hours after an e-mail is sent or two (2) Working Days after the date of posting of any letter.
13.4 Except as explicitly set out in these Terms, no contract will create any right enforceable by virtue of the Contracts (Right of Third Parties) Act 1999 by any person not a party to it.
14. USE OF OUR WEBSITE
14.1 We may change anything on our website at any time, at our discretion.
14.2 We have no responsibility for the content of any websites other than our own even if our site links to the other website.
14.3 We retain all rights to our website design and all images on it. We have copyright and other rights to the design, appearance and content of it. You may view and print the website only as a consumer or potential consumer from us. You may not publish, reproduce, distribute or broadcast in any format any material found within this site.
14.4 We may restrict or suspend our website (typically for repairs, introduction of services or general maintenance) and where possible we will post warnings on the site first. We will try to do this no more than is necessary, and keep the time of disruption minimal.
15. DATA PROTECTION
15.1 Ceramique Internationale Ltd are committed to protecting your privacy and fulfilling its obligations under UK Data Protection Laws.
15.2 Ceramique Internationale Ltd will use your personal information in order to inform you of its offers, news and other marketing purposes. We may keep your information for a reasonable period to contact you about our services in the future.
15.3 Ceramique Internationale Ltd may contact you by mail, telephone, SMS fax or email to let you know about any goods, services or promotions which may be of interest to you.
15.4 The Data Protection Act puts obligations on users of personal information and details principles for its use. There are eight principles in the Act that Ceramique Internationale Ltd is obliged to conform to. The Act requires Companies which process data to notify the Information Commissioner describing the purposes for which they process personal information. The details are publicly available from the Commissioners Office at: Wyecliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF Tel:+44 (0) 1625 545745
15.5 The principles for Data Processing are:-
Personal data must be processed fairly and lawfully.
Personal data must be obtained only for specified and lawful purposes.
Personal data must be adequate, relevant and not excessive.
Personal data must be accurate and kept up to date.
Personal data must not be kept for longer than necessary.
Personal data must be processed in accordance with the rights of data subjects.
Measures against unauthorised or unlawfully processing of personal data.
Personal data must not be transferred to a Country or territory outside the EEA without adequate protection or explicit consent.