Terms and Conditions
These terms and conditions as printed below form the basis upon which Ceiling Tiles Direct supply any product(s) listed on our website – to you, the customer. These terms and conditions will prevail over any other terms and conditions.
Please read these carefully before ordering any products from our website by doing so you are agreeing to be bound by these terms and conditions.
1. ***About Us***
1.1 www.ceilingtilesdirect.com is a site owned and operated by Ceiling Tiles Direct company number 11372242.
2. ***About You***
By placing an order with us, you warrant that:
- You are legally capable of entering into a binding contract;
- You are at least 18 years of age
- You are a resident in the United Kingdom;
- You are accessing our site from the United Kingdom.***Delivery***
3.1 Delivery date is an estimate only and is given in good faith. The company cannot accept any liability for any damages or loss whether directly or caused by any delay in deliver.
3.2 Delivery of the goods shall be taken within 14 days of the time or date named by the Company for delivery (without prejudice to clause 3.1 above) or within 14 days of the company notifying you that the goods are available for delivery whichever is the later.
3.3 All items to arrive shall be subject to shipment and safe arrival and you shall have no right to rescind the contract on the grounds only that delay in delivery has occurred.
The product(s) will be at your own risk from the time of delivery.
5. ***Price & Payments***
5.1 All prices as quoted are exclusive of Value Added Tax where applicable and must be paid for in full at the time of ordering
5.2 Prices stated on our website do not include delivery costs which will be added to the total amount due during the checkout process.
5.3 We reserve the right to amend our price at any time but this will not affect orders for which we have already sent and you have already paid for.
6. ***Quality Control***
6.1 We strive to ensure the product(s) we supply are of the utmost quality and in keeping with their specification.
6.2 In the unlikely event that you, your servant or agent, including installer, discover a defect upon taking delivery of supplied product(s), then not withstanding your rights, we require written notification to be made to us at the earlier possible opportunity and in any event within 2 days of the date of delivery or such longer periods that we may, in our absolute discretion, otherwise agree to and before any installation work is undertaken.
7. ***Our Returns Policy***
7.1 If you allege that any goods or any part thereof which has been supplied by the Company are not merchantable quality or fit for their purpose or not in accordance with their description, then you must:
(a) Give written notice of the alleged defect to the company within two working days of delivery of the goods to you
(b) Despatch in unbroken bulk the allegedly defective goods to the Company within 21 days of delivery of the goods to you unless specially agreed otherwise in writing. If you fail to return the goods in accordance with the foregoing, then you will lose any right which you might have to reject the goods or claim damages or to rescind any agreement.
(c) Defective products will be inspected on their return and the findings will be compared against the dispatch inspection report. Product(s) found to have been returned to us due to a defect not caused by you, your servant or agent, including installer, will either be:
- Refunded in full; or
- Replaced with an identical product(s) at the earliest available opportunity by us and at no further expense to the original price paid by you. In the event that an identical product is no longer available we may offer you, at our discretion, an alternative product(s) replacement in keeping with the specification of the original item ordered.
If you fail to notify the company of the alleged defects and/or fail to return the goods in accordance with the foregoing provisions of this clause you will be deemed to have accepted the goods and have no right to reject the good or pursue any legal remedy whatsoever against the Company in respect of the goods.
If, upon return, the product(s) have been modified or have undergone any attempted installation you may responsible / liable for any costs of returning and / or redelivering product(s) that is not in the condition previously stated.
8. ***Our Liability***
8.1 We warrant that any product(s) purchased from us are acceptably fit for all the purposes and of satisfactory quality for which the product(s) supplied are commonly used.
8.2 The provision of clause 8.3 shall only apply if you are contracting as a business and not as a consumer.
8.3 Subject to clause 8.6:
- We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence) breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the contract; and
- Our total liability to you in respect of all other losses arising under or in connection within the contract, whether in contract, tort (including negligence). Breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the product(s) you have purchased.
8.4 If product(s) purchased from us are to be installed and any defect, as referred to under clause 7 is known of prior to the installation or is reasonably expected to be identified and therefore become aware of by the installer on inspection and the installation proceeds then we will not be liable for any costs associated with reinstallation incurred by either you or the installer as a result of the defect.
8.5 In the event of us agreeing to reimburse you for any costs resulting from reinstallation of a product(s), which we determine to have been defective when originally installed and of which the defect could not have reasonably been identified at the point of installation by you of your installer, then any reimbursement of costs will be limited to your installers reasonable costs which may be determined by us and in line with normal industry levels at the specific point in time.
8.6 Nothing in these terms or conditions shall limit or exclude our liability for:
- Death or personal injury caused by our negligence, or the negligence of our employees, agents or sub-contractors:
- Fraud or fraudulent misrepresentation.
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979.;
- Defective products under the Consumer Protection Act 1979;
- Any matter in respect of which it would be unlawful for us to exclude or restrict liability.
9. ***Force Majeure***
9.1 The company shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is
(a) Beyond the reasonable control of a party.
(b) Materially affects the performance of any of its obligations under the agreement, and
(c) Could not reasonably have been foreseen or provided against, but
(d) Will not be excused for failure or delay resulting from only general economic conditions or other general market effects.
9.2 A force Majeure Event includes without limitation:
- Strikes, lockouts and other industrial disputes;
- Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- Civil commotion, riots, invasion, terrorist attacks or threat thereof, ware either declared or not, threat of preparation of war;
- Impossibility of the use of transport include including motor vehicles, railways, shipping, aircraft or any other method of either private or public transportation;
- Impossibility of the use of public or private communication networks;
- Acts, decrees, legislation, regulations or restrictions imposed by any government.
9.3 The company shall have the option to suspend or cancel obligation the unperformed without prejudice to the company’s right to payment in respect of any goods supplied or services rendered prior to such suspension or cancellation and without payment to you of any compensation whosoever for any direct or consequential loss you may suffer.
- ***Entire Agreement***
It is our intention to rely entirely upon these terms and conditions and any other document referred to within these terms and conditions in relation to any contract. While we accept responsibility for statements and representations made by our duly authorised agents please ensure you request any variations from these terms and conditions to be confirmed to you in writing and please ensure you keep the said documentation secure for future reference.
- ***Our Right to Vary These Terms & Conditions***
We reserve the right to make changes to our website, policies, and terms and conditions at any time. You will be subject to the terms and conditions, and policies, in place at the time the contract is made unless any change to the terms and conditions is required by law or government authority in which case it may apply to orders previously placed by you.
- ***Applicable Law***
These terms and conditions and any subsequent contract entered into by the purchase of goods through our website are governed in accordance with English law. We both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales which means that any dispute brought from or relating to the contract will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
- ***Cancellation and amendment of your order***
No order placed by you or your agent may be cancelled or amended unless it is specifically agreed otherwise in writing.