STANDARD TERMS AND CONDITIONS

devider

Terms & Conditions (Business to Customers)

1. In these standard conditions the following shall have the meaning set out in this clause unless the context otherwise requires:
‘Conditions’ Those terms set out in these standard conditions and any special conditions which the Seller has agreed in writing with the Buyer.
‘Consumer’ A person who neither enters into a contract with Us in the course of business nor holds himself out as doing so.
‘Goods’ Those articles which the Buyer has agreed to purchase.
‘Delivery Date’ The date upon which the Seller undertakes to deliver the Goods to the Buyer.
‘Quotation’ A quotation given by the Seller to the Buyer.
‘Price’ The price at which the Seller has agreed to sell and the Buyer to buy the Goods.
‘Our’, ‘Us’, ‘We’ JR Lakatos Limited (Company Registration Number 08003260), trading as Total Wall Coverings, whose registered office is at 45 Etnam Street, Leominster, HR6 8AE.
‘You’ An individual who is a Consumer has agreed to buy the goods from the Seller.
2. The headings in these Conditions do not form a part thereof.
3. Words importing the masculine import the feminine.
4. These Conditions apply to all contracts of sale between us to the exclusion of all others save where We agree in writing that the Conditions may be so varied.
5. The placing of any order by You shall be deemed to be an offer to purchase Goods subject to these Conditions. The earlier payment for the Goods from the Us shall be conclusive evidence of acceptance of these Conditions.
6. No variation of these terms shall be effective unless contained in a document signed by Us.
7. There Conditions will not affect any statutory rights which You may be entitled to from time to time and which by law cannot be varied or excluded.
8. Price
8.1. The Price of the Goods shall be that set out in the Quotation along with the costs of delivery.
8.2. The quoted Price of the Goods and the costs of delivery includes VAT at the applicable rate.
9. Payment
Payment for the Goods and the costs of delivery of the Goods is due when You place your order with Us.
10. The Goods
The quantity and description of the Goods supplied under these Conditions shall be as set out or identified in the Quotation.
11. Warranty as to conformity with description
11.1. We warrant that the Goods supplied under these Conditions will correspond, at the time of delivery, with the description We have given to You.
11.2. Where You have provided Us with a full and complete description of the application of the Goods at Your premises in writing and we have given our Quotation based on that information, we warrant that the Goods we warrant that the Goods will be of satisfactory quality and fit for the purpose that You seek, subject to you complying with the manufacturers’ installation guidelines, health and safety data and any other information which we may supply with the Goods or by email.
11.3. All other warranties, terms or conditions relating to quality, fitness for purpose or condition, whether implied by common law or statute, or express are excluded save where to do so would be by law impermissible.
12. Delivery
12.1. Where the Goods are not in stock at the time of You placing the order We reserve the right to ship the Goods to You up to 30 days from the date of You placing the order with Us.
12.2. Risk shall pass on delivery of the Goods at your address given in the Quotation.
12.3. Delivery shall be on the Delivery Date but in respect thereof time shall not be of the essence although the Seller will use its best endeavours to effect it at the date therein specified. No liability will accrue to the Seller for late delivery of the Goods and in respect of short or non-delivery its liability shall be limited to a refund of that part of the purchase price which reflects the non-delivery or shortfall or the making up of such short delivery at the Seller’s discretion.
13. Liability for breach
13.1. Whilst We will endeavour at all times to comply with its legal and contractual obligations to You We do not accept liability for any loss suffered by You as a result of any misrepresentation, misdescription, breach of contract, breach of duty or other act or omission (unless fraudulent) however made or caused which constitutes more than a refund of any sum paid for the Goods.
13.2. We do not accept liability for any consequential economic or other losses suffered by You whether resulting from misrepresentation, misdescription, breach of contract, breach of duty or other act or omission (unless fraudulent) however caused.
13.3. Nothing in these Conditions shall limit the right of either Party to seek to recover damages for personal injury or death occasioned by breach of contract or breach of duty by the other Party, its employees or agents.
14. Acceptance and Consumer Protection
14.1. You shall be deemed to have accepted the Goods upon delivery to the address specified in the Quotation.
14.2. You may cancel the purchase within seven working days after the date of delivery under the Consumer Protection (Distance Selling) Regulations 2000 provided you give such notice of cancellation in writing. However, you may not cancel, seek a refund or return the Goods once You have:
14.2.1. used the Goods, unless the Goods are defective and you are returning them for this reason;
14.2.2. broken the seal or shrink wrapping of the Goods, unless the Goods are defective and you are returning them for this reason
14.3. We will not issue a refund unless you return the Goods together with the original packaging including any accessories, instructions, manuals, guarantees and warranties that came with the Goods.
14.4. Title and risk in the Goods will pass on delivery of the returned Goods to our address and we have acknowledged to You in writing that the Goods have been received by Us in an undamaged and complete form together with all the materials referred to in clause 13.2.2. We recommend that You return the Goods fully insured.
15. Liability after acceptance of the Goods
We shall have no liability to You in respect of the Goods after they have been accepted by You.
16. Liability after rejection of the Goods
If You are entitled to and do reject the Goods We shall have no further obligation to supply goods which conform to those the subject matter of these Conditions.
17. Law and jurisdiction
This Agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
18. Invalid clauses
In the event that any term of these Conditions is found to be invalid or otherwise unenforceable then such term shall be regarded and construed as severable from the Conditions so as not to affect the validity and enforceability of the remainder.

Download PDF

Terms & Conditions (Business to Business)

1. In these standard conditions the following shall have the meaning set out in this clause unless the context otherwise requires:
‘Buyer’ The party which has agreed to buy the goods from the Seller.
‘Seller’ JR Lakatos Limited (Company Registration Number 08003260), trading as Total Wall Coverings, whose registered office is at 45 Etnam Street, Leominster, HR6 8AE.
‘Conditions’ Those terms set out in these standard conditions and any special conditions which the Seller has agreed in writing with the Buyer.
‘Goods’ Those articles which the Buyer has agreed to purchase.
‘Delivery Date’ The date upon which the Seller undertakes to deliver the Goods to the Buyer.
‘Quotation’ The quotation overleaf
‘Price’ The price at which the Seller has agreed to sell and the Buyer to buy the Goods.
2. The headings in these Conditions do not form a part thereof.
3. These Conditions apply to all contracts of sale between the Seller and the Buyer to the exclusion of all others, whether contained in a purchase invoice, Buyer’s terms and conditions or otherwise save where either:
3.1 the Seller agrees in writing that the Conditions may be so varied or
3.2. such of the Buyer’s or other terms are consistent with the Conditions and purport
3.2.1. neither to add to nor increase the obligations of the Seller nor
3.2.2. to reduce, restrict or limit the obligations of the Buyer.
4. The placing of any order by the Buyer shall be deemed to be an offer to purchase Goods subject to these Conditions. The earlier occasion of the payment for the Goods or acceptance by the Buyer of any Goods purchased from the Seller shall be conclusive evidence of acceptance of these Conditions.
5. No variation of these terms shall be effective unless contained in a document signed by the Seller.
6. Price
6.1. The Price of the Goods shall be that set out in the Quotation.
6.2 The costs of delivery are set out in the Quotation.
6.2. The Price and costs of delivery do not include VAT which shall be chargeable in addition at the applicable rate.
7. Payment
7.1. Payment for the Goods is due when the Buyer places its order with the Seller, unless the Buyer has a trade account with the Seller.
7.2. Where the Buyer has opened a trade account with the Seller, payment on any invoice is due within 30 days of rendering. Time is of the essence in respect of this term.
7.3. Interest on amounts overdue including VAT will accrue at the rate of 8% above the ordinary lending rate of the Bank of England from time to time and will continue to accrue both before and after any judgment unless the relevant judgment rate after judgment is higher.
8. Retention of title by the Seller
8.1. The title to any consignment of the Goods will remain with the Seller until the Seller has received:
8.1.1. full payment for them
8.1.2. full payment for any other Goods or products supplied under any other contract between the Seller and the Buyer.
8.2. Until full payment is received as specified in this Clause 8 the Buyer hereby acknowledges that he has possession of the Goods solely as bailee and in a fiduciary capacity for the Seller.
8.3. The Buyer shall keep the Goods separate and clearly identifiable as the property of the Seller until title has passed under the provisions of this Clause 8.
9. The Goods
The quantity and description of the Goods supplied under these Conditions shall be as set out or identified in the Quotation.
10. Warranty as to conformity with description
The Seller warrants that the Goods supplied under these Conditions will correspond, at the time of delivery, with the description it has given to the Buyer. All other warranties, terms or conditions relating to quality, fitness for purpose or condition, whether implied by common law or statute, or express are excluded save where to do so would be by law impermissible.
11. Delivery
11.1. Risk shall pass on delivery and delivery shall be effected when:
11.1.1. the Goods are collected by the Buyer or its agent or carrier or
11.1.2. the Goods are delivered to the address agreed in the order confirmation or such other address as has been agreed by the Parties in writing prior thereto. Delivery shall be on the Delivery Date but in respect thereof time shall not be of the essence although the Seller will use its best endeavours to effect it at the date therein specified. No liability will accrue to the Seller for late delivery of the Goods and in respect of short or nondelivery its liability shall be limited to a refund of that part of the purchase price which reflects the non-delivery or shortfall or the making up of such short delivery at the Seller’s discretion.
12. Liability for breach
12.1. Whilst the Seller will endeavour at all times to comply with its legal and contractual obligations to the Buyer it does not accept liability for any loss suffered by the Buyer as a result of any misrepresentation, misdescription, breach of contract, breach of duty or other act or omission (unless fraudulent) however made or caused which constitutes more than a refund of any sum paid or the waiver of any sum contractually payable by the Buyer for the Goods.
12.2. The Seller does not accept liability for any consequential economic or other losses suffered by the Buyer whether resulting from misrepresentation, misdescription, breach of contract, breach of duty or other act or omission (unless fraudulent) however caused.
12.3. Nothing in these Conditions shall limit the right of either Party to seek to recover damages for personal injury or death occasioned by breach of contract or breach of duty by the other Party, its employees or agents.
13. Acceptance
The Buyer shall be deemed to have accepted the Goods 30 hours after delivery. Thereafter the Buyer will not be entitled to reject the Goods on the basis that they do not conform to those to be supplied under these Conditions.
14. Liability after acceptance of the Goods
The Seller shall have no liability to the Buyer in respect of the Goods after they have been accepted by it.
15. Liability after rejection of the Goods
If the Buyer is entitled to and does reject the Goods the Seller shall have no further obligation to supply goods which conform to those the subject matter of these Conditions.
16. Law and jurisdiction
This Agreement is governed by the laws of England and Wales and is subject to the exclusive jurisdiction of the courts of England and Wales.
17. Invalid clauses
In the event that any term of these Conditions is found to be invalid or otherwise unenforceable then such term shall be regarded and construed as severable from the Conditions so as not to affect the validity and enforceability of the remainder.

Privacy Policy

  • We receive, collect and store any information you enter on our website or provide us in any other way. In addition, we collect the Internet protocol (IP) address used to connect your computer to the Internet; login; e-mail address; password; computer and connection information and purchase history. We may use software tools to measure and collect session information, including page response times, length of visits to certain pages, page interaction information, and methods used to browse away from the page. We also collect personally identifiable information (including name, email, communications); payment details (excluding credit card information), comments, feedback, product reviews, recommendations, and personal profile.
  • When you conduct a transaction on our website, as part of the process, we collect personal information you give us such as your name, address and email address. Your personal information will be used for the specific reasons stated above only.
  • We collect such Non-personal and Personal Information for the following purposes:
    1. To provide and operate the Services;
    2. To provide our Users with ongoing customer assistance and technical support;
    3. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages;
    4. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services;
    5. To comply with any applicable laws and regulations.
  • Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
  • We may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates about our company, or as otherwise necessary to contact you to enforce our User Agreement, applicable national laws, and any agreement we may have with you. For these purposes we may contact you via email, telephone, text messages, and postal mail.
  • If you don’t want us to process your data anymore, please contact us at info@totalwallcoverings.co.uk or send us mail to:45 Etnam Street, Leominster, HR6 8AE, United Kingdom.
  • We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
  • If you would like to: access, correct, amend or delete any personal information we have about you, you are invited to contact us at info@totalwallcoverings.co.uk or send us mail to: 45 Etnam Street, Leominster, HR6 8AE. United Kingdom.
Download PDF
  •  
  •  
  •   
  •  
  •