In these conditions, Alistair Mackintosh Ltd is referred to as the Seller. Any customer purchasing goods from the Seller is referred to as the Purchaser.
1. BASIS OF THE CONTRACT
1.1 Any order received by the Seller from the Purchaser shall be accepted entirely at the discretion of the Seller, and if so accepted, will only be accepted upon these conditions (hereinafter referred to as “the Conditions”).
1.2 Each order which is so accepted shall constitute an individual legally binding contract between the Seller and the Purchaser and such contract is hereinafter referred to in these Conditions as “an Order”.
2. PRICE OF GOODS AND PAYMENT
2.1 The price of the goods shall be that contained within the Seller’s current published price list on its website or, if different, the price contained within the quotation at the date of acceptance of the Order.
2.2 All prices contained within the Seller’s quotation are valid for 30 days only from the date shown on the quotation or until earlier acceptance by the Purchaser.
2.3 All published prices are exclusive of VAT and delivery charges. Delivery charges shall be separately itemised on the Seller’s quotation.
Payment of the purchase price in full is required at the time of acceptance of the Order by the Seller.
4.1 The goods will be delivered to the delivery address provided by the Purchaser. If delivery is unsuccessful due to either:-
(i) An inaccurate or incomplete delivery address;
(ii) No-one being present to accept delivery; or
(iii) Inaccessibility; then, once another delivery date is arranged, the Purchaser will be charged additional delivery charges for each attempted re-delivery.
4.2 Delivery of the goods is deemed to have taken place when the goods have been offloaded at the nearest accessible point to the delivery address, which in many cases will be the property kerbside. Delivery any closer to the property will be at the driver’s discretion.
4.3 Risk of damage to or loss of the goods shall pass to the Purchaser upon delivery.
5. QUALITY & DESCRIPTION OF GOODS
All goods supplied by the Seller are natural materials and are subject to natural and geological variations in markings, colour, texture, cracks and vents, which are beyond the control of the Seller.
6. HANDLING & STORAGE AFTER DELIVERY
Immediately after delivery and examination by the Purchaser of the goods, the Purchasers shall be responsible for moving the goods to a suitable indoor dry and frost-free area of storage. The Seller accepts no liability for goods improperly stored or handled.
The Seller recommends that the Purchaser employ only the services of a qualified and experienced fitter in the storage, handling, laying and sealing of all natural stone, wood and porcelain floor tiles. The Seller also recommends that the Purchaser use a good quality, suitable adhesive and grout. Natural stone tiles need to be sealed using a good quality and recognised brand sealant.
8. WARRANTIES AND LIABILITY
8.1 Where the Purchaser notifies the Seller of any defect, damage or material difference in specification, the Seller will deal with the matter in accordance with the Purchasers legal rights.
8.2 Where the Purchaser wishes to cancel an order prior to despatch the Seller will issue a full refund.
8.3 Where the Purchaser wishes to cancel an order once goods have been despatched the Purchaser shall be liable for the return charges.
8.4 Where the Purchaser wishes to cancel an order once the goods have been received, the Seller shall accept return of the goods subject to the following:
8.4.1 Notification being given in writing by the Purchaser to the Seller within 14 days of delivery of the goods, via email, post.
8.4.2 The goods being returned by the Purchaser to the Seller in the same condition that they were received by the Purchaser;
8.4.3 Or the goods being collected by the Seller but the Purchaser will be liable for collection charges and must make the goods available, packaging them adequately to protect against damage.
8.5 Should the Seller accept the wish of the Purchaser to return the goods after the initial 14 day period, payment by the Purchaser to the Seller of a Handling Charge of 15% of the price of the goods applies, along with initial delivery charges incurred and return costs.
8.6 Following cancellation, refunds will be made within 14 days of receiving notification that the Purchaser wishes to return the goods to the Seller or on receipt of the returned goods.
8.7 Orders placed on the Sellers premises are exempt from cancellation rights.
8.8 Orders made to the Purchasers specification are exempt from cancellation rights.
8.9 The Purchaser should check their delivery carefully as once the goods have been installed, laid or altered, the order has been accepted and cannot be cancelled or changed.
8.10 The Seller shall accept no liability in respect of any defect or damage arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, defective or poor installation, mis-use or alteration or repairs of the goods (unless undertaken by the Seller).