House of Mosaics Limited - Terms and conditions of Business and Conditions of Supply
2) These Terms will apply to any contract between us for the sale of Products to you (Contract). Before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order Products from our site.
3) We may amend these Terms from time to time. Every time you wish to order Products please check these Terms to ensure you understand the terms that will apply at that time. These Terms were most recently updated on 9th July 2015.
4) These Terms and any Contract between us are only in the English language.
5) We operate the website www.houseofmosaics.co.uk. We are House of Mosaics Limited, a company registered in England and Wales under company number 9229693 and with our registered office at 30 Avenue Road, St Albans, Herts, AL1 3QB.
6) To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you just need to let us know that you have decided to cancel. The easiest way to do this is to visit our non-obligatory Cancellation Form. If you use this option we will communicate to you an acknowledgement of receipt of such cancellation without delay. You can also email firstname.lastname@example.org and we will e-mail you by return to confirm we have received your cancellation. You can also contact us by telephone on [tel] and by post to House of Mosaics Limited, 30 Avenue Road, St Albans, Herts, AL1 3QB. If you are emailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.
7) If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
8) All images, descriptive matter, specifications and advertising of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images. Furthermore, due to the bespoke nature of some of our products, all sizes, weights, capacities, dimensions and measurements indicated on our site may vary. Mosaics and tiles are created in batches and some shade variation may occur between batches.
9) Please check your mosaics carefully prior to fixing for shade variation. If you are not happy with the shade of your tiles we do not accept responsibility once they have been fixed and no refunds or replacements will be offered.
10) The packaging of the Products may vary from that shown on images on our site.
USE OF OUR SITE
11) Your use of our site is governed by our Terms of Website Use.
HOW WE USE YOUR PERSONAL INFORMATION
15) You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
16) Our website will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
17) After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 18) below.
18) We will send you confirmation of your order in writing but this will not constitute acceptance of your order. Our acceptance of the order occurs when the Products are despatched from our warehouse, to you, or you collect the order. The Contract between us will only be formed when the Products are despatched or collected. Your order will be based upon our product prices and delivery charges in force at the time you submit your order. If the prices or charges are different from those published this will be brought to your attention before we accept your order and we will give you the option to cancel it.
19) If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site we will inform you of this by e-mail or phone and we will not process your order. If you have already paid for the Products, we will refund you the full amount including any delivery costs charged as soon as possible.
OUR RIGHT TO VARY THESE TERMS
20) We amend these Terms from time to time.
21) Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
22) We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
a) changes in relevant laws and regulatory requirements
b) changes in House of Mosaics internal policies and procedures.
23) If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
YOUR CONSUMER RIGHT TO CANCEL AND REFUND.
This clause only applies if you are a consumer.
24) If you are a consumer you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 26. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
25) However, this cancellation right does not apply in the case of:
a) any Products which become mixed inseparably with other items after their delivery; and/or
b) any Products which have been opened, unless faulty.
26) Your right to cancel a Contract starts from the date of acceptance of your order as provided for in clause 18, which is when the Contract between us in formed. Your deadline for cancelling the contract is 14 days after the date on which you receive the Products. To cancel a Contract you need to let us know that you have decided to cancel. The easiest way to do this is to email us and we will e-mail you in response to confirm we have received your cancellation.
27) Unless the Product is faulty or not as described you will be responsible for the cost of returning the Products to us.
28) Because you are a consumer we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
29) A 'Return' is classified as occurring after the 14 day cancellation period calculated in accordance with clause 26 has expired.
30) You can return any resalable Products to us within 14 days of purchase for a full refund (excluding delivery charges). Only full boxes or packs of the same mosaics will be refunded, or individual tiles with an RRP of £10+ each. You must return the Products to us with a receipt as proof of purchase and a refund will be made via the original method of payment. We reserve the right not to refund if the Products are deemed as not being in a resaleable condition, if there is no proof of purchase, or if the Products are returned after the 14 day period.
31) Where you purchase Products from us that are defective we shall repair or replace the Products, or refund the price of the Products as long as the damage has not been caused by you. All damaged Products will be replaced by standard delivery at our cost.
32) We do not deliver to addresses outside the UK. You may place an order for Products from outside the UK but your order must be for delivery to an address in the UK.
PRICE OF PRODUCTS AND DELIVERY CHARGES
33) The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 37 for what happens if we discover an error in the price of Product(s) you ordered.
34) Prices for our Products may change from time to time, but changes will not affect any order you have already placed. If a price increase or decrease has come into effect between placing the order and collecting it or taking delivery of it, the original price you paid must still be honoured.
35) The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
36) The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please check clause XXX.
37) Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
a) If a pricing error is obvious and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
HOW TO PAY
38) You can only pay for Products using a debit card or credit card. We accept the following cards: Visa Credit and Debit, Maestro, Solo, Mastercard, American Express.
39) You can order up to three samples in any one transaction on the website. Please note you may not add multiple samples of the same mosaic.
40) We reserve the right to cancel multiple sample orders from the same customer, which may be identified by name, address or payment method used.
41) Delivery on all sample orders is free of charge for te 1st 3 products, any thereafter will be charged accordingly as per shipping charges shown in the sopping cart. Sample orders can generally be sent to all areas of the UK but if the sample is too large (over 10x10cm) we may not be able to fulfil the order. You will be notified by phone or email in this instance.
42) Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable terms and conditions, please refer to the manufacturer's guarantee provided with the Products.
43) If you are a consumer, a manufacturer's guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
OUR LIABILITY IF YOU ARE A BUSINESS
This clause only applies if you are a business customer.
44) We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
45) Nothing in these Terms limits or excludes our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
d) defective products under the Consumer Protection Act 1987.
46) Subject to clause 46 we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
a) any loss of profits, sales, business, or revenue;
b) loss or corruption of data, information or software;
c) loss of business opportunity;
d) loss of anticipated savings;
e) loss of goodwill; or any indirect or consequential loss.
47) Subject to clause 46 our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
48) Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
OUR LIABILITY IF YOU ARE A CONSUMER.
This clause only applies if you are a consumer.
49) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
50) We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
51) We do not in any way exclude or limit our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation;
c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
e) defective products under the Consumer Protection Act 1987.
EVENTS OUTSIDE OUR CONTROL
52) We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 53.
53) An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
54) If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
a) we will contact you as soon as reasonably possible to notify you; and
b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
55) You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
COMMUNICATIONS BETWEEN US
56) When we refer in these Terms to "in writing" this includes e-mail.
57) If you are a consumer you may contact us as by email or pre-paid post.
58) If you are a business:
a) Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or if sent by e-mail, one Business Day after transmission.
c) In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such e-mail was sent to the specified e-mail address of the addressee.
d) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
59) We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
60) You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
61) This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
62) Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
63) If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
64) If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
65) If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
66) If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
OWNERSHIP OF RIGHTS
67) All rights, including copyright, in this website are owned or licensed to us. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without our permission. You may not modify, distribute or re-post something on this website for any purpose.