Definition : ‘Goods’ means the products or services which are the subject of the Contract.
‘Buyer’ means the person, company or third party as detailed in the Contract.
‘Company’ means ECORA LIMITED, 20 England’s Lane, London NW3 4TG (Head Office). Phone: 020 7148 5265, Email: firstname.lastname@example.org
‘Order’ means the purchase order, either verbal or written, given by the Buyer to the Company to contract for Goods under these conditions of sale.
‘Contract’ means a legal binding agreement whereby the Buyer agrees to purchase Goods form the Company as detailed on the Company’s Quote, Invoice, Order form and/or website.
Advice : Advice, information and opinion given by any employee or agent of the Company are given without legal responsibility. Any recommendations or suggestions made relating to the use of Goods, whether in technical literature or in response to a specific enquiry is made in good faith, but it is for the Buyer to satisfy himself/herself of the suitability of the Goods for their particular purpose, and shall be deemed to have done so. The Company will not be held liable for any damages, liability or costs incurred from any independent arbitration arising from verbal recommendations or referral of floor installers and/or other trades by any employee or agent of the Company.
Acceptance of Order : All quotations by the Company are subject to acceptance by the Company within 28 days. Orders are accepted as a Contract at the sole discretion of the Company and together with these terms and conditions constitute the entire and only agreement between the Company and Buyer in relation thereto. The Company’s acceptance of the Buyer’s order by delivery/release of the Goods constitutes a legally binding Contract based on these terms and conditions. Any additional or amending terms or condition shall be ineffective unless one of the Company Directors expressly assents to the same in writing and endorses the same on the face hereof. Any cancellation or suspension of an order by the Buyer without the Company’s consent shall be on the condition that the Buyer shall indemnify the Company against any loss incurred wholly or in part by the cancellation or suspension. The Company reserves the right to sub-contract all or any part of the Contract for the manufacture, supply, installation and/or finishing of Goods.
Prices : Prices and delivery charges are quoted by the Company in Sterling (£) exclusive of VAT. The price of goods to be paid by the Buyer to the Company is as listed on the Company’s Quote, Invoice, Order form, displays and/or website. The Company reserves the right to revise prices and details displayed without notice. Listed prices do not constitute an offer until the Company has accepted the Buyers Order.
Payment : Payment may be made by Fund Transfer, Cheque and most Credit Cards at the time of Order. Cleared payment for all goods must be received prior to goods being dispatched. For special Orders and made to order Goods, cleared payment must be received by the Company prior to commencement of production. Any costs of freight, carriage, insurance, installation and/or applying the Goods Ordered by the Buyer are not included within the price, unless otherwise specifically stated in the quotation or order form. The Company reserves the right to claim legal fees and any other costs as a result of the Buyers failure to pay. All online transactions are carried out over a secure Internet connection (HTTPS) utilising Secure Socket Layers (SSL) and Buyer details are encrypted whilst in transit and cannot be read. In addition, the Company does not store Buyer credit card details.
Title & Risk : The property and title to Goods supplied by the Company shall remain within the Company until the Buyer has paid the full price plus any VAT due, and no other sums whatsoever are due from the Buyer to the Company. Risk in the goods shall pass to the Buyer when the Buyer or his agent collects or takes delivery of the Goods.
Cancellations : The Buyer may cancel an Order at any time prior to dispatch of the goods by notifying the Company. In the case of special orders or made to order products, the Buyer must request to cancel the order before the manufacturing of such products has commenced. The Company shall refund any money paid by the Buyer to the Company in respect of a valid cancelled Order within 30 days of the buyer cancelling the Order. For Goods that have already been dispatched please see returns policy.
Delivery : Deliveries are generally made between 8am and 6pm Monday to Friday (excluding bank holidays). Every effort will be made to effect delivery within the quoted period, but no liability can be accepted should it be exceeded. For this reason we are unable to accept responsibility for lost working time and recommend goods are ordered well in advance of any project start dates. The Company reserves the right to deliver by instalments. It is the Buyer’s responsibility to ensure that the Goods can be delivered to the address provided during the order process. The buyer shall be at all times responsible for any additional costs incurred whatsoever as a result of deliveries being delayed due to access or unloading problems or delivery not accepted. The Buyer shall inspect all Goods on delivery. No claim of short delivery can be entertained unless signified at the time of delivery. Paint deliveries will be made by courier to the buyer’s address. All other goods may require assistance to offload and due to insurance restrictions are made to kerbside only so Buyers will need to arrange for help on the day.
Storage & Installation/Application : Once delivered, the Goods should be stored appropriately in dry conditions at all times. The Company accepts no responsibility whatsoever for Goods installed or applied in new or renovated buildings which have not adequately dried out. The Company will also take no responsibility for any Goods subject to excessive heat, cold, damp or humidity, ether in situ or storage. The Company accepts no liability whatsoever for any issues relating to the installation or application of the Goods, unless the Buyer Contracts with the Company directly for such service. Where installation or application of Goods is not undertaken by the Company, the Buyer shall be responsible for installing or applying the Goods in accordance with the Company’s guidelines, a copy of which is available on the Company’s website, and shall ensure that such guidelines have been obtained from the Company. Failure to install or apply the Goods in the manner prescribed will invalidate the Company's responsibility for damage caused to or by the Goods. However, no warranty is offered or implied by the guidelines as to the suitability of the Goods for any specific purpose. The Company also excludes any liability for referring floor installers and/or other trades and any dispute over quality of workmanship will remain between the Buyer and fitter/contractor and not the Company.
Returns Policy : Buyers purchasing Goods through the Company’s website or solely over the phone have the right to return the Goods by notifying the Company of their intention to do so no later then 7 days after Goods have been received. No right of return or refund for Goods will exist once the Goods have been unpacked, installed or applied, used or altered in any way whatsoever. All special orders, made to order or reclaimed Goods are non-refundable and can not be returned. In general, the Company will NOT accept returns or Goods for credit where goods have been ordered in person and/or through the Company showroom/s and have been correctly supplied to order. Where however, the Company agrees voluntarily to such a return, a 40% handling charge will be levied. All Goods must be returned to the Company or its suppliers at the Buyers own expense following the Company’s authorisation to do so. No credit can be issued unless agreed returned Goods are deemed to be not faulty, are in the same condition, quantity and packaging as supplied and are fit for purpose. No Goods will be accepted back after 21 days from delivery. Refunds will be processed within 30 days of the Buyer notifying the Company of the intention to return a product/s and will be made in the same method as payment.
Claims : It is the Buyers responsibility to inspect all Goods upon delivery and prior to the commencement of any installation or application work, as no complaints will be considered, and no right of return or refund for Goods will exist once the Goods have been unpacked, installed or applied, used or altered in any way whatsoever. Any claims of non-delivery, damaged delivery, incorrect quantity or any other alleged defects shall be notified by the Buyer to the Company through phone or email immediately on receipt of Goods and before installation or application has commenced. The Buyer shall send the full written particulars of the claim to the Company’s trading address within 7 days following delivery and before installation has commenced. Upon receipt of notice the Company will contact the Buyer to arrange for the return of the Goods, or part thereof, for examination by the Company. If, in the company’s opinion, the Goods are defective, the Company shall as its option replace with similar Goods or repair any defective Goods. All Goods claimed for must be returned to the Company in the same condition received before credit can be evaluated or new Goods are dispatched. In the event that the Company does NOT agree the Goods to be defective, than the Buyer will be liable for all carriage costs incurred through collection and return to Buyer. Settlement of any claim will be limited to the value of the Goods.
General : The Company is involved in the distribution of a wide range of natural wood and stone Goods, paint and oils. These Goods may often be subject to variation in colour, shading, pattern and/or shape. These Goods may also be vulnerable to changes under certain environmental conditions. Any samples provided, Goods shown on the Company’s website, printed media and/or in any accompanying media, digital photography and other such media may not, therefore, be wholly representative of the Goods supplied. Furthermore, the Company will decline responsibility for any changes in shape, colour, shade, or structure of Goods supplied, due to the effects of environment, surface, and/or application. Graphics, Logos, Drawings, photographs, layout and style are considered the property of the Company. Reproduction in whole or in part is strictly prohibited without written permission.
Jurisdiction : The sale, including these Terms and Conditions, shall be governed and construed in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts. If any one or more of the provisions of these conditions of sale are adjudged by any Court to be unfair and/or where the Company is liable in accordance with these provisions in respect of only some or part of the Goods, than only that provision/s will be unenforceable and the remaining provisions will continue in full force and effect.