Terms & Conditions – Florim UK Limited
- Definitions
- “Buyer” – means the person or entity, other than a consumer (as defined in the Consumer Rights Act 2015 or other applicable legislation), that accepts a quotation/proforma invoice of the Company for the sale of the Goods or otherwise agrees to buy the Goods from the “Conditions” – means the standard terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Company. “Contract” – means the Contract for the sale and purchase of the Goods. “Goods” – means the tiles and other products which the Buyer agrees to buy from the Company. “Order” – means the order made in writing or orally by the Buyer for the Goods. “Price” – means the price of Goods stated in any documents issued by the Company excluding carriage, insurance, and VAT unless otherwise mentioned and agreed by the Company. “Delivery Date” means the date mentioned on the invoice by the Company when the Goods are likely to be ready for delivery. “the Company” – means FLORIM UK LIMITED whose registered address is 19 The Circle, Queen Elizabeth Street, London, England, SE1 2JE (Company No: 15124617). “Writing” – including emails and comparable means of communication.
- Any reference in these Conditions to any provision of a statute shall be construed as a reference to that provision as amended, re-enacted or extended at the relevant time.
- The headings in these Conditions are for convenience only and shall not affect their interpretation.
- Conditions Applicable
- These conditions shall apply to all contracts for the sale of Goods by the Company to the Buyer to the exclusion of all other terms and conditions including any terms and conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.
- All orders for goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
- Payment (partially or in full) of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
- Any variations to these Conditions (including any special terms agreed between the parties) shall be inapplicable unless agreed in writing by the Company.
- Contract
- Contracts with the Company shall be for the supply of the Goods only and no services shall be provided by the Company.
- Each contract between the Company and the Buyer shall consist of the Order, the Conditions and such other express terms as the Company and the Buyer shall agree in writing.
- In the event that: the terms of the Order are in conflict with any of the Conditions, the Conditions shall prevail.
- The Buyer acknowledges that he/she has not been induced to enter into the Contract by any representation made by or on the behalf of the Company other than those contained in the Contract.
- Where the Goods are delivered by instalments each delivery shall be deemed to constitute a separate enforceable Contract.
- Quotations and Prices
Prices quoted in the Company’s quotations, proforma invoices, price lists or invoices:
- Are those then current and shall not be binding on the Company.
- Do not include Value Added Tax or any other tax, levy, duty or surcharge whether imposed before or after making the Contract, unless expressly stated otherwise.
- Payment
Payment of the Price and any Value Added Tax thereon shall be due in full when the order is placed by the Buyer, unless agreed otherwise in writing.
- The Goods and Natural Variations
- The quantity and description of the Goods shall be as set out on the invoice.
- All samples, specifications, descriptive matter and advertising conducted/issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or on its website are issued or published for the strict purpose of giving an indication of the Goods described in them only.
- The Buyer acknowledges and agrees that some variations in size, shape, shade and pattern are inherent in the manufacture of the Goods and the Company accepts no liability therefor.
- Tiles supplied by the Company are not guaranteed against crazing and colour/shade differences between the batches of Accordingly, the Buyer is responsible for ensuring that any sample used by the Buyer to select the Goods is from the same batch as the batch of which the Goods form part.
- Delivery of the Goods & Non-acceptance of Delivery
- All Goods supplied by the Company shall be delivered to the Buyer at the address stated on the invoice (“Delivery Address”) and on the date(s) agreed by the Buyer and the Company, such date(s) to reflect the availability of the Goods and the timing of the Buyer’s requirement for The Buyer shall make all arrangements as necessary to take delivery of the Goods when they are tendered for delivery.
- Any dates quoted for delivery of the Goods are approximate only and the Company shall not be liable for any delay in the delivery of the Goods howsoever Time for delivery shall not be of the essence unless previously agreed by the Company inwriting.
- Where the Goods are to be delivered in instalments, each delivery shall constitute a separate Contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
- The Company uses an independent delivery company for which the Company is not responsible and therefore cannot guarantee the delivery times although it will take all reasonable steps to ensure that the agreed delivery time is The delivery driver will not handle the Goods and deliveries will be made to the kerb side at the delivery address specified on the invoice. Furthermore, the Buyer is advised to provide at the delivery point and at its expense adequate and appropriate means for handling the Goods.
- If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Buyer’s fault, the Company’s liability shall be limited to the excess (if any) over the price of the Goods not delivered of the cost to the Buyer (in the cheapest available market) of similar goods to replace them Goods.
- If the Buyer fails to take delivery of the Goods or fails to give the Company adequate delivery instructions at the time stated for delivery(otherwise than by any reason of any cause beyond the Buyer’s reasonable control or by reason of the Company’s fault) then, without prejudice to any other right or remedy available to the Company, the Company may: a) Store the Goods until actual delivery and charge the Buyer for storage costs detailed below and the Buyer shall also be liable to pay for the cost of re-delivering the Goods; or b) Sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the Price or charge the Buyer for any shortfall below the price.
Weekly Storage Charges (per week, including part-week) Percentage of the price of the Goods (net of ancillary charges such as delivery charges and face-picking) 1 – 2 0 2 – 4 1% 4 – 8 2% 8 – 12 3% Each additional period of up to 4 weeks, in addition to 2% 1%
- Shortage, Damage and Non- delivery
No claim against the Company for shortage, damage in transit or non-delivery will be entertained unless:
- Shortage of or damage to the Goods is reported in writing to the Company and the carrier within 24 hours of delivery.
- Non-delivery of Goods is reported in writing to the Company and the carrier within three days of the date of delivery as informed to the Buyer.
- Return Policy
The Company strictly does not offer a return or exchange policy relative to unwanted or over ordered Goods. The Company has a free of charge sample service to ensure that the Buyer is 100% happy and satisfied with his choice of Goods made prior to placing the Order. By requesting a sample, the Buyer has the opportunity to see the product before making the bulk purchase, whether made by oral or written communication. Therefore, the returns of the Goods are not accepted, unless the right to make such a return is authorized and agreed by the Company in writing prior to the placement of the Order by the Buyer and upon such return the Company shall be entitled to charge the Buyer an amount equal to thirty percent of the Price as a restocking fee.
- Warranties and Liability
- NO PROVISION IN THESE TERMS SHALL AFFECT THE BUYER’S STATUTORY RIGHTS.
- Subject to the other provisions of these Conditions, the Company warrants that the Goods will correspond with their specification at the time of The Buyer acknowledges and agrees that the nature of the Goods is such that the dimensions stated in the specification are nominal as actual sizes may differ from those dimensions. Where the Buyer is buying two or more types of Goods, it is the Buyer’s responsibility to obtain confirmation (where required) from the Company that the actual dimensions of those types are the same.
- The above warranty is given by the Company subject to the following conditions:
- The Company shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer.
- The Company shall be under no liability in respect of any defect arising from poor workmanship at the time of installation by someone other than the Company, fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Company’s approval.
- The Company shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date of payment.
- Where the Buyer is buying as a business, any claim by the Buyer which is based on any apparent defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by the Buyer) be notified in writing to the Company within 3 days from the date of If delivery is not refused, and the Buyer does not notify the Company accordingly, the Buyer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
- Where the Buyer is buying as a business and any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company’s sole discretion, refund to the Buyer the price of the Goods (or a proportionate part of the price), and the Company shall have no further liability to the Buyer.
- Except in respect of death or personal injury caused by the Company’s negligence, where the Buyer is buying as a business the Company shall not be liable to the Buyer by reason of any representation, or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the Contract, for any consequential or indirect loss or damage (whether for loss of profit or otherwise), costs, expenses or otherwise to pay compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in conjunction with the supply of the Goods or their use or resale by the Buyer, except as expressly provided in these conditions.
- Time shall not be of the The Company shall not be liable to the Buyer or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of the Company’s obligations in relation to the Goods, whether or not the delay or failure was due to any cause beyond the Company’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Company’s control:
- Act of God, explosion, flood, tempest, fire or accident.
- Epidemic or pandemic.
- War or threat of war, sabotage, insurrection, civil disturbance or requisition.
- Acts, restrictions, regulations, byelaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
- Import or export regulations or embargoes.
- Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party).
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery.
- Power failure or breakdown in machinery.
The risk in the Goods supplied by the Company shall pass to the Buyer an the time of delivery. The title to the Goods shall remain the property of the Company until the Price is paid in full.
Acceptance of the Buyer’s decision to cancel the order before the Goods have been delivered is at the Discretion of the Company, and if such discretion is exercised in favour of the Buyer’s decision, then a 35% cancellation charge is to be imposed.
The Buyer shall not assign his rights or liabilities under the Contract.
Failure by the Company to enforce a term of the Contract shall not prevent the subsequent enforcement of that or any other term of the Contract.
Contracts made with the Company shall be governed by and construed according to English Law and the Buyer agrees to submit to the exclusive jurisdiction of English Courts.