TERMS & CONDITIONS
This section outlines our and your responsibilities during the purchase of products from this site.
- “Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods. “we” and “us” means Material Plans, whose registered office is at 80 Devonshire Road, London, SE23 3SX. VAT No:———————-. Telephone Number: 020 3490 0986, E Mail : email@example.com, and “you” means the customer. “Business Sales” includes selling to a trade, profession or professional body. “Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.
ORDER AND SALE
- You order and agree to buy, and we agree to sell, the Goods at the Price, subject to enquires and these terms and conditions.
- Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
APPLICABLE TERMS, CONDITIONS AND REPRESENTATIONS
- These terms are the express terms and conditions governing the Agreement.
- There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
- It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
- It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent Goods (if they are a naturally occurring product) they may not be exactly the same as the original Goods, due to different batch productions.
- We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
- Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
- As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement.
- We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
- In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
DESCRIPTION AND SAMPLES
- All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
- You acknowledge that some of the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible.
- You should be aware that some of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
UNPACKING, STACKING AND STORING
- Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
- Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
- The Price is the price indicated as exclusive of any value added tax, but excludes delivery charges, which you must pay in addition.
- Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
- Payment is required on placement of your order.
Please note that we will not arrange delivery or place your order until we are in receipt of cleared funds.
LIMITATION OF LIABILITY
- We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
- To make good any shortage or non delivery to replace or repair any damaged or defective Goods.
- We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
- We reserve the right to charge a 25% restocking and collection charge for goods returned to us, if we are not at fault.
RIGHT OF CANCELATION
- To cancel your order you must let us know in writing that you wish to cancel. You may do this by a dated letter or email sent within the 7 days after point of order or after receipt of. If you tell us verbally you will need to send confirmation in writing within the 7 days.
- You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
- If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can collect them from you. If we collect the goods, then you will be liable for the cost of collection.
- You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
FIXING PRODUCTS AND INSTALLATION
- Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
- We do not offer an installation service and it is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
- We cannot therefore be responsible for the manner of installation of the Goods or for damage caused during or arising out of installation.
USING THIS WEBSITE
By using this website you agree to the following Terms and Conditions:
- All content in this website belongs to ‘Material Plans’ and must not be copied or reproduced in part, or in whole, without the owners specific written permission.
- We do not accept any association with, or links to this website, without specific written consent which we reserve the right to withdraw if we feel it has been done inappropriately or incoherent with company policies.
YOUR PRIVACY IS VERY IMPORTANT TO US:
- Material Plans will not disclose any of your personal information you provide us as part of your visit, filling in our contact form or posting any comments except when we have your permission or under special circumstances, for example if required by law.
- We won’t sell any of your information.
- The provision of personal information is entirely voluntary however do be aware that the Internet is not a fully secure medium.
- This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.