Terms & Conditions
TERMS AND CONDITIONS
CONSUMER SALES FOR N & C BUILDING PRODUCTS LIMITED
THE TERMS AND CONDITIONS OF SALE BELOW APPLY TO N & C BUILDING PRODUCTS LIMITED (COMPANY NUMBER 00000140), WHOSE REGISTERED OFFICE IS AT 41-51 FRESHWATER ROAD, CHADWELL HEATH, ROMFORD, ESSEX RM8 1SP.
HEALTH & SAFETY INFORMATION ABOUT THE USE OF THE GOODS IS PROVIDED WITH OUR PRODUCTS AND IT IS YOUR RESPONSIBILITY TO BRING THIS TO THE ATTENTION OF THE USER AND INSTALLER OF THE GOODS. WE ARE AWARE THAT MINORS MAY INCORRECTLY USE TOOLS OR OTHER BUILDING PRODUCTS. WE WILL NOT KNOWINGLY SELL TO CHILDREN AND ORDERS MAY ONLY BE PLACED BY PERSONS 18 YEARS OF AGE OR OVER.
A. DEFINITIONS
In these Terms:
"we" and "us" means N&C Building Products Limited and our employees and agents and "our"
shall be construed accordingly
"you" means the individual seeking to purchase Goods from us and "your" shall be construed
accordingly
"the Goods" means the goods and/or services to be supplied by us.
"the Terms" means these terms and any special terms agreed in writing between you and us.
"the Contract" means the contract for the supply of Goods incorporating these Terms.
“Site” means our website www.nctilesandbathrooms.com.
B. THESE TERMS
B.1. These are the terms and conditions on which we supply the Goods to you.
B.2. Please read these Terms carefully and ensure that you understand them before you submit your order to us and/or order any Goods from our Site. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
B.3. If you think that there is a mistake in these Terms or require any changes, please contact us to discuss. Any changes to these Terms must be expressly agreed in writing in advance by one of our directors.
B.4. You can contact us by telephoning our customer service team on 0208 586 4600 or by visiting us in store.
B.5. We are under a legal duty to supply products that are in conformity with the Contract between us. Nothing in these terms will adversely affect your legal rights under consumer protection laws.
B.6. If you do not agree to comply with and be bound by these Terms, you will not be able to order Goods through our Site.
C. OUR CONTRACT WITH YOU – NON WEBSITE SALES
C.1. All orders are accepted by us only on these Terms and they may not be altered without our written agreement.
C.2. Each order or acceptance of a quotation for Goods by you shall be deemed to be an offer by you to buy Goods subject to these Terms. No order or acceptance of a quotation by you shall be deemed to be accepted by us until we begin to process your order, at which point a contract will come into existence between you and us. We shall be entitled to withdraw any quotation at any time (whether or not already accepted by you).
C.3. Quotations shall lapse 30 days from issue unless items covered by promotional offers are included in the quotation. In which case it shall lapse when the promotional offer ceases.
C.4. You shall be responsible to us for ensuring the accuracy of the terms of your order including any applicable design drawing or specification provided by you and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with its Terms.
C.5. If you wish to make a change to the product you have ordered please contact us without delay. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. Unfortunately changes are not possible where you have ordered Goods that are custom made to suit your specifications.
C.6. We shall not be liable in respect of any misrepresentation made by us to you as to the condition of the Goods their fitness for any purpose or as to quantity or measurements unless the representation is:
C.6.1. made without reasonable grounds for believing it to be true; and/or
C.6.2. made or confirmed in writing by us; and/or
C.6.3. fraudulent.
C.7. Whilst we take every precaution in the preparation of our catalogues, technical circulars, price lists, website and other literature, these documents are intended for your general guidance only. If you require advice in relation to the Goods please make a specific request for advice so that we can ensure you receive appropriate advice. We will confirm our advice to you in writing.
C.8. You have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 within 14 days of our acceptance of the order if you ordered by telephone. In the event of such cancellation you should return the Goods to us within 14 days of notifying us that you wish to cancel the Contract. You will receive a full refund of the price paid for the Goods within 14 days of when we receive the goods back. You will be responsible for the cost of returning the Goods to us. To cancel a Contract, please inform us in writing. You must return the Goods to us in the same condition and, wherever possible, in the original packaging in which you received them, and at your own cost and risk. You have an obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right to make deductions from the refund or take action against you for compensation. You will not have any right to cancel a Contract for the supply of any Goods that have been custom made to suit your specifications.
C.9. You have a legal right to reject the Goods delivered to you within 30 days of the delivery being made to you if the Goods are not of satisfactory quality as defined in the Consumer Rights Act 2015. In the event of such rejection you should make the Goods available for us to collect unless you have agreed that you will return the Goods. You will receive a full refund of the price paid for the Goods within 14 days of us agreeing with you that a refund is due. Please see Clause K below.
C.10. In addition to your legal rights, if you change your mind about the Goods you can return any resalable products to us within 30 days of purchase for a full refund (excluding delivery charges). In respect of tiles, only full unbroken boxes of the same tiles will be refunded, or individual tiles with an RRP of over £20.00 each. You must return the Goods in accordance with our returns policy (set out in clause K below) along with the receipt as proof of purchase and a refund will be made within 30 days. We are not obliged to refund if the Goods are not in resalable condition, if there is no proof of purchase or if the Goods are returned after the 30 day period. This does not affect your legal rights under consumer protection laws. Please note that you must bear the costs of returning Goods to us if you change your mind about the Goods under this Clause C.10. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. Please ensure that the return of the Goods is insured.
D. OUR CONTRACT WITH YOU – WEBSITE SALES
D.1. Access to our Site is free of charge.
D.2. It is your responsibility to make any and all arrangements necessary in order to access our Site.
D.3. Access to our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if our Site (or any part of it) is unavailable at any time and for any period.
D.4 Use of our Site is subject to our Website Terms of Use. Please ensure that you have read them carefully and that you understand them before using our Site.
D.5. Our Site will guide you through the online order process. Before submitting your order to us you will be given the opportunity to review your order and amend it. Please ensure that you have checked your order carefully before submitting it.
D.6. All prices on our Site include VAT. Delivery charges are not included in the price of Goods on our Site. For more information on delivery charges, please refer to the Delivery section of our Site. Delivery options and related charges will be presented to you as part of the order process. Payment for Goods and related delivery charges must always be made in advance and you will be prompted during the order process. We accept the following methods of payment on our Site: Visa Debit or Credit cards and Mastercard debit or credit cards.
D.7. No part of our Site constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that we may, at our sole discretion, accept. Our acknowledgment of receipt of your order does not mean that we have accepted it. Our acceptance is indicated by us sending you a Dispatch Confirmation by email. Only once we have sent you a Dispatch Confirmation by email will there be a legally binding Contract between us and you.
D.8. If you are a consumer in the European Union, you have a legal right to a “cooling off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and we have sent you the Dispatch Confirmation, i.e. when the Contract between you and us is formed.
D.8.1. If the Goods are being delivered to you in a single instalment (whether single or multiple
items), the cooling off period ends 14 calendar days after the day on which you receive the
Goods.
D.8.2. If the Goods are being delivered in separate instalments on separate days, the cooling
off period ends 14 calendar days after the day on which you receive the final instalment of
Goods.
D.9. If you wish to exercise your right to cancel under this Clause D, you must inform us of your decision within the cooling off period. You may do so by email or by post. Cancellation by email or by post is effective from the date on which you send us your message. Please note that the cooling off period lasts for whole calendar days. If, for example, you send us an email or letter by 23:59 on the final day of the cooling off period, your cancellation will be valid and accepted. If you would prefer to contact us directly to cancel, please use the following details:
D.9.1. Email: customerservices@nctilesandbathrooms.com
D.9.2. Post: N&C Building Products, 41-51 Freshwater Road, Chadwell Heath, Romford,
Essex, RM8 1SP
We may ask you why you have chosen to cancel and may use any answers you provide to
improve our Goods and customer service, however please note that you are under no
obligation to provide any details if you do not wish to.
D.10. Please note that you may lose your legal right to cancel under this Clause D in the following circumstances:
D.10.1. If the Goods are sealed for health, electrical safety or hygiene reasons and you have
unsealed those Goods after receiving them;
D.10.2. If the Goods have been inseparably mixed with other items (according to their nature)
after you have received them.
D.10.3. If the Goods have been personalised (including ordered in for you) or custom made
for you
This includes fixing the Goods to a substrate and not repackaging the Goods in the original
packing.
D.11. Please ensure that you return Goods to us no more than 14 calendar days after the day on which you have informed us that you wish to cancel under this Clause D.
D.12. You may return Goods to us by post or another suitable delivery service of your choice to our returns address at 41-51 Freshwater Road, Chadwell Heath, Essex, RM8 1SP. Please note that you must bear the costs of returning Goods to us if cancelling under this Clause D. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. Please ensure that the return of the Goods is insured.
D.13. Refunds under this Clause D will be issued to you within 14 calendar days of the following:
D.13.1. The day on which we receive the Goods back; or
D.13.2. The day on which you inform us (supplying evidence) that you have sent the Goods
back (if this is earlier than the day under sub-Clause 12.7.1); or
D.13.3. If we have not yet provided a Dispatch Confirmation or have not yet dispatched the
Goods, the day on which you inform us that you wish to cancel the Contract.
D.14. Refunds under this Clause D may be subject to deductions in the following circumstances:
D.14.1. Damaged Goods (including broken tiles)
D.14.2. Goods returned not in a saleable condition or in the original packaging
D.15. Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them. For the purposes of this Clause D, “excessive handling” means any more handling than is reasonable required to ascertain the nature and characteristics of the Goods in question (e.g. no more than would be permitted in a shop).
D.16. We are not obliged in any circumstances to accept the return of Goods after 30 days and it will be entirely within our sole and absolute discretion as to whether or not the return is to be accepted and under what circumstances.
D.17. Refund payments will, if applicable, be made within 14 days of us agreeing with you that a refund is due. Refunds will be given in the same form as the original payment unless you have agreed otherwise.
D.18. In addition to your legal rights, if you change your mind about the Goods you can return any resalable products to us within 30 days of purchase for a full refund (excluding delivery charges). In respect of tiles, only full unbroken boxes of the same tiles will be refunded, or individual tiles with an RRP of over £20.00 each. You must return the Goods in accordance with our returns policy (set out in clause K below) along with the receipt as proof of purchase and a refund will be made within 30 days. We are not obliged to refund if the Goods are not in resalable condition, if there is no proof of purchase or if the Goods are returned after the 30 day period. This does not affect your legal rights under consumer protection laws. Please note that you must bear the costs of returning Goods to us if you change your mind about the Goods under this Clause D.18. The cost of returning Goods to us should not normally exceed the cost of having them originally delivered to you if you use the same carrier. Please ensure that the return of the Goods is insured.
E. MATERIALS AND SAMPLES
E.1. There are a number of characteristics of the products we sell which you should be aware of and which should be fully considered prior to purchase including:
E.1.1. It is recognised that a degree of shading and crazing to varying degrees as well as marginal size differences is inherent in all tiles and natural materials such as wood or slate (in fact this variability is often a key attraction of the product) and for this reason:
E.1.1.1. fixing or installation should not be undertaken unless an acceptable blend of shades can be obtained
E.1.1.2. it is recommended that the contents of a number of boxes be mixed to achieve a random blend
E.1.1.3. we would stress the importance of satisfying yourself as to the shading / crazing / appearance of the products supplied prior to fixing or fitting as once fixed or fitted they will not be in returnable, saleable condition.
E.1.1.4. we draw to your attention that shading and crazing differences may arise between the Goods supplied and any sample you have viewed when placing your order. This is due to tiles, stone, wood and slate being natural products. You must satisfy yourself as to the quality, shading and crazing of the Goods supplied before they are fixed or fitted as once they are fixed or fitted they will not be in returnable, saleable condition and you will be deemed to have accepted them.
E1.1.5 the sample service offered has the benefit of subsidised prices and/or free of charge delivery, allowing tiles to be viewed physically without the need to travel to a store. We highly recommend using this process before placing an order as images on monitors do not always accurately represent the actual product. The website will not accept more than one sample order for a tile and we restrict samples to one per type per customer/ site. If multiple tiles are needed this would be seen as a regular order.
E.1.1.6 on occassion, to fulfil sample tile orders, we will send tiles with small defects (e.g. a tile with a chipped/ broken corner, chipped glaze,etc). These tiles will still allow customers to view the colour, texture, finish, etc of the tile for sampling reasons. This action is intentional, reusing and repurposing a product to help reduce material going to landfill and is excluded from damaged goods and is non-refundable. This does not reflect on the condition of tilers used for standard tile orders.
E.1.2. A number of decorated tiles now have silver metallic or gold fired into the glaze and being soft precious metals will not stand abrasion therefore special care should be taken when grouting or cleaning.
E.1.3. The Classification of Glazed Tiles according to their Abrasion Resistance is based on BS EN 14411:2012 and ISO 10545-7:1996 and is available in our showrooms. This is valid for the given applications in normal conditions. Consideration should be given to the footwear, type of foot traffic and cleaning methods expected and the floor should be adequately protected against scratching dirt at entrances by appropriate footmats or entrance matting. Ceramic floor tiles are attractive and hard-wearing but as with other floor coverings they are vulnerable to impact and damage if objects are dropped on them.
E.2. We recommend that all ceramic wall and floor tiles along with natural stone products are fixed using only the Nicobond range of adhesives grouts and screeds.
E.2.1. Instructions for use and full specifications of all Nicobond products are available within
the latest technical literature which is available on request.
E.2.2. If you have any doubts about fixing please speak to one of our sales staff and/or ask for
a copy of the latest technical literature
E.2.3. Before any grout is used we recommend that a trial be carried out to ensure that
staining of the tile or the tile edges does not occur as we will not be responsible for staining
E.2.4. There are several products within the Nicobond range of coloured grouts and other
ranges which have the same or similar names but it must be noted that there may be some
differences in actual colour because they contain different raw materials
E.3. We recommend that all tiles and natural materials are installed according to the fixing methods issued by British Standards or EN Standards and cannot be responsible for problems occurring because of fixing by other means or methods.
E.4. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from our Site correspond to the actual Goods. Please note, however, the following:
E.4.1. Goods may vary slightly from their pictures. Images of Goods on our Site are for
illustrative purposes only. There may be slight variations in colour between the image
of a product and the actual product sold due to differences in the way they are displayed
on different devices and lighting conditions.
E.4.2 Packaging for Goods may vary. Images and/or descriptions of packaging are for
illustrative purposes only and may vary from that shown in images on our Site.
E.5 In the case of certain products, variations may arise in the finish of those products where they originate from different factory batches. We shall not be liable for any loss caused by such variation where Goods bought for a specific job or purpose are not purchased at the same time.
F. PRICE
F.1. The price of the Goods shall be as shown in our show room at the date of the order and will include VAT at the rate ruling on the day of purchase. We take all reasonable care to ensure that the price of a product advised to you is correct. However, please see clause F.3 for what happens if we discover an error in the price of the product you order.
F.2. Prices quoted are applicable to the quantity, specification, delivery dates and information provided by you. If the order placed varies or delay is caused by your instructions or lack of instructions we shall be entitled to adjust the price. Accordingly, in these circumstances, we will contact you for your instructions before progressing the order.
F.3. It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the correct price of the Goods at your order date is less than our stated price at your order date, we will charge the lower amount. If the correct price of the Goods at your order date is higher than the price shown in our show room, we will contact you for your instructions before we accept your order.
G. PAYMENT
G.1. We accept payment in cash or by debit card or credit card. You must pay for the products (including delivery) before we dispatch them unless we have agreed alternative payment terms with you in writing.
G2. We reserve the right to refuse to dispatch products unless the arrangements for payment are satisfactory and we may require payment for each consignment when it is available and before it is despatched in which case delivery will not be made until we are in receipt of payment.
H. DELIVERY
H.1. The costs of delivery will be told to you during the order process.
H.2. During the order process we will let you know when we will provide the products to you. Delivery dates are given in good faith but are estimates only so should not be relied on in relation to your commitments with third parties, such as installers. Where delivery dates are likely to change, we will let you know as soon as possible.
H.3. Unless otherwise agreed in writing time for delivery shall not be of the essence of the Contract.
H.4. As delivery dates are only estimates, we cannot accept liability for any loss damages costs or expenses of any kind whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from actual delivery dates being different.
H.5. All Goods purchased through our Site will normally be delivered within 10 calendar days of the date of our Dispatch Confirmation unless otherwise agreed (subject to delays caused by events outside of our control, for which see clause P below.
H.6. We are not responsible for delays outside our control. If delivery of the Goods is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
H.7. If you fail to take or make arrangements to accept delivery or collect the Goods or if we are unable to deliver because of inadequate access or instructions we may do any one or more of the following (without prejudice to any other right or remedy we may have):
H.7.1. make additional charges for failed delivery
H.7.2. store the Goods at your risk and costs
H.7.3. invoice you for the Goods where these are custom made to your specification
H.7.4. terminate this Contract without liability on our part
H.7.5. recover from you all costs and losses incurred by us.
H.8. Delivery by instalments or in part may be requested by you or agreed.
H.9. Unless otherwise stated all quotations and estimates assume delivery in full loads and additional charges for deliveries by instalments will apply where requested by you.
H.10. A delivery charge will be made for deliveries on week days during normal working hours.
H.11. An additional charge will be made if we agree to your request to deliver outside normal working hours, Saturdays, Sundays and/or Bank Holidays.
H.12. We shall deliver the Goods as near as possible to the delivery address as a safe hard road permits. If a vehicle delivers or collects Goods to or from a place off the public road you shall be solely responsible for any accident or damage resulting. You shall provide free of charge any labour necessary for unloading the Goods when delivered and our driver’s responsibility is limited to handling goods off the vehicle. If you require assistance with the delivery, we can provide labour to permit this. A further charge will be made for this service. If you require the delivery to be made inside your premises you must ensure that our staff will have free safe access to the place where the Goods are to be stored. We will, where possible, take reasonable steps to avoid damage to flooring, furnishings and walls but cannot accept liability for any such damage arising from the delivery except where caused by our failure or negligence. We will not be responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while delivering the Goods. If the location for the delivery is considered by our staff to be unsafe then the delivery will be made to a safe location agreed with you. If our vehicle is kept on site for an unreasonable time or has to return to the depot without completing delivery through lack of assistance or if additional staff have to accompany our driver, an appropriate additional charge will be made. If you do not accept delivery of goods ordered costs incurred will be charged. We reserve the right to refuse to deliver the Goods to premises which our driver considers to be unsuitable.
H.13. If at your request Goods are to be deposited other than on your private premises you shall be responsible for compliance with all regulations and for all steps which need to be taken for the protection at all times of persons or property and will indemnify us in respect of all losses damages costs and expenses we may incur as a result of such delivery whether on the public highway or elsewhere.
H.14. You will indemnify us in respect of all losses damages costs and expenses incurred as a result of delivery in accordance with your instructions. This indemnity will be reduced in proportion to the extent that such losses damages costs or expenses are due to our negligence.
H.15. In the event that we are unable to supply the Goods to you for whatever reason, we will contact you to discuss what similar products we may have available for substitution. You can then decide whether to end the Contract and receive a full refund or if you wish to accept the alternative product (in which case you shall be entitled to a refund of any difference in the price if the substitute is cheaper).
H.16. Whilst we try to maintain continuity of supply in relation to our product lines, we reserve the right to discontinue any product at any time and we shall be under no obligation to supply you with a discontinued product in the future.
H.17. In the case of certain products, variations may arise in the finish of those products where they originate from different factory batches. We shall not be liable for any loss caused by such variation where goods bought for a specific job or purpose are not purchased at the same time.
H.18. We recommend that all goods that you have ordered from us are delivered prior to you confirming or fixing dates with any contractor and inspected by you and the contractor before work commences, as we cannot accept any responsibility for costs if fixing or installation is delayed.
I. INSPECTION
I.1. Please check for any defects or discrepancies in the Goods delivered at the earliest opportunity and let us know as soon as possible if there is an issue. This will help us to offer an appropriate solution to you. The sooner you notify us the more likely it is that we can offer additional or replacement Goods from the same batch and therefore with similar shading and/or crazing. You must let us know within 30 days of delivery of any shortage or apparent defects.
I.2. Where we have delivered to you a quantity of Goods less then we contracted to supply, you may reject them, but if you accept them then you must pay for them at the contracted rate. Our liability for short delivery is limited to making good the shortage and making a further delivery.
I.3. You must return defective Goods to us in the same state that we delivered them to you.
J. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
J.1. Defective Goods will be replaced or repaired free of charge or the purchase price refunded if notice of the defect is given to us within 30 days of receipt. We cannot accept liability for the cost of taking out, refixing or making good other materials.
J.2. If we fail to comply with these terms, we can be responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill but we cannot be responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the order process
J.3. Under these terms we only supply the Goods for domestic and private use by consumers. We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale). If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
J.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or sub-contractors; for fraud or fraudulent misrepresentation; for breach of our legal rights in relation to the Goods and for defective Goods under the Consumer Protection Act 1987.
J.5 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards office.
K. RETURNS
K.1. If you wish to exercise your legal rights to reject Goods you must either return them in person to the branch where you purchased the goods or allow us to collect them from you. We will pay the costs of collection if the Goods are rejected by you in accordance with Clause C.9 above.
K.2. In order to return Goods to us you must either contact Customer Services (Tel no 0208 586 4600) or the branch where you purchased the goods. You will be advised at this stage on how to return the Goods to us and of any costs that you need to pay for collection.
K.3. Requests for the return of Goods after 30 days must be made to our Customer Services and any credit agreed will be subject to a minimum 35% deduction for re-stocking and any costs that you need to pay for collection. Drivers have instructions not to accept Goods without prior instructions. In no circumstances can we accept back Goods which have been specially procured or made by us to special instructions or which have deteriorated.
K.4. Nothing in clause K.3 shall oblige us to accept the return of Goods after 30 days and it will be entirely within our sole and absolute discretion as to whether or not the return is to be accepted and under what circumstances.
K.5. Refund payments will, if applicable, be made within 14 days of us agreeing with you that a refund is due. Refunds will be given in the same form as the original payment unless you have agreed otherwise.
L. TITLE AND RISK
L.1. Title to the Goods shall pass to you when the Goods are paid for and collected or delivered.
L.2. Risk in the Goods passes to you when collected or delivered.
M. RESPONSIBILITIES
M.1. Nothing in these Terms shall exclude or restrict our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation.
M.2. The legal rights of a consumer as to the quality, fitness, or description of Goods are not affected by these Terms.
M.3. We will not be responsible for a defect:
M.3.1. that arises from fair wear and tear;
M.3.2. that arises from your wilful damage, negligence, faulty installation, mis-use, alteration or
repair of the Goods, failure to follow British Standard or EN Standard or industry instructions
relevant to the Goods or storage of the Goods in unsuitable conditions; or
M.3.3. unless after discovery of the defect we are given a reasonable opportunity to inspect
the Goods before they are used or in any way interfered with. We acknowledge that the
costs of suspending works are relevant to the determination of what is a reasonable
opportunity and this sub-clause shall not apply to any works affecting the Goods which it
may be reasonably necessary to carry out in the interests of safety and/or as emergency
measures.
M.4. If the Goods are not manufactured by us or have been processed by a third party we will on written request provide details of our rights against the manufacturer or third party and any other terms and conditions imposed by the manufacturer or the third party and so far as possible will on request assign to you any such rights.
M.5. If the Goods are manufactured or processed by us to the design quantity measurement or specification of you then you are responsible for such design quantity measurement and specification and:
M.5.1. Subject to Clauses M.1 and M.2 of these Terms we shall not be under any liability for
any loss damages costs or expenses of any kind whatsoever except in the event of:
M.5.1.1. fraudulent misrepresentation;
M5.1.2. misrepresentation where the representation was made or confirmed in writing;
M.5.1.3. misrepresentation made without reasonable grounds for believing it to be true;
M.5.1.4. non-compliance with such design quantity measurement or specification; or
M.5.1.5. breach of a written warranty by us that the Goods are fit for that purpose.
N. DATA PROTECTION
N.1. You agree that we may seek, hold and process any information obtained about you in connection with this or any other contract or agreement you may have with us.
N.2. We will use the personal information you provide to us:
N.2.1. to supply the Goods to you;
N.2.2. to process your payment for the Goods;
N.2.3. if you agreed to this during the order process, to inform you about similar products that
we provide, but you may stop receiving these communications at any time by contacting us.
N.3. We will only give your personal information to third parties where the law either requires or allows us to do so.
O. WASTE
O.1. You will be responsible for the disposal of any waste arising from the Goods and will comply with all applicable laws, regulations and waste management licences relating to such waste, including the appropriate disposal by you of any Goods marked with a crossed out wheelie bin symbol, save where it is our responsibility at law. You will indemnify us against all costs, claims, liabilities and expenses arising from any breach by you of this provision.
P. MATTERS BEYOND OUR CONTROL
P.1 We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
P.2 If any event described under this Clause P occurs that is likely to adversely affect our performance of any of our obligations under these Terms and Conditions:
P.2.1 We will inform you as soon as is reasonably possible;
P.2.2 Our obligations under these Terms and Conditions (and therefore the Contract) will be
suspended and any time limits that we are bound by will be extended accordingly;
P.2.3 We will inform you when the event outside of our control is over and provide details of
any new dates, times or availability of Goods as necessary;
P.2.4 If the event outside of our control continues for more than 14 days, we will cancel the
Contract and inform you of the cancellation. Any refunds due to you as a result of that
cancellation will be paid to you as soon as is reasonably possible and in any event within
14 days of the date on which the Contract is cancelled;
P.2.5. If an event outside of our control occurs and continues for more than 14 days and
you wish to cancel the Contract as a result, you may do so. Any refunds due to you as
a result of such cancellation will be paid to you as soon as is reasonably possible and
in any event within 14 days of the date on which the Contract is cancelled.
P.2.6 If the contract is cancelled by you or by us under this Clause 16, any relevant
Goods that must be returned will be returned at our expense (with us reimbursing you
where appropriate).
Q. COMMUNICATION AND CONTACT DETAILS
Q.1 If you wish to contact us with general questions or complaints, you may contact us by telephone at 020 8586 4600, by email at customerservices@nctilesandbathrooms.com , or by post at N&C Building Products Limited, 41-51 Freshwater Road, Chadwell Heath, Romford, RM8 1SP.
Q.2 For matters relating the Goods or your Order, please contact us by telephone at 020 8586 4600, by email at customerservices@nctilesandbathrooms.com , or by post at N&C Building Products Limited, 41-51 Freshwater Road, Chadwell heath, Romford, RM8 1SP.
Q.3 For matters relating to cancellations, please contact us by telephone at 020 8586 4600, by email at customerservices@nctilesandbathrooms.com, by post at N&C Building Products Limited, 41-51 Freshwater Road, Chadwell Heath, Romford, RM8 1SP, or refer to the relevant Clauses above.
R. COMPLAINTS AND FEEDBACK
R.1 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.
R.2 All complaints are handled in accordance with our complaints handling policy and procedure, available from N&C Building Products Limited, 41-51 Freshwater Road, Chadwell Heath, Romford, RM8 1SP.
R.3 If you wish to complain about any aspect of your dealings with us, please contact us in one of the following ways:
R.3.1 In writing, addressed to Customer Services Manager, N&C Building Products Limited,
41-51 Freshwater Road, Chadwell heath, Romford, RM8 1SP;
R.3.2 By email, addressed to the Customer Services Manager at
customerservices@nctilesandbathrooms.com
S. OTHER IMPORTANT TERMS
S.1. We only sell our products to consumers in England, Wales and Scotland. Unfortunately we do not accept orders from or deliver to addresses in Northern Ireland.
S.2. These terms are governed by the law of England and Wales and you can bring legal proceedings in respect of the Goods in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish courts or the English courts.
S.3. The waiver by us of any breach or default of these Terms by you shall not be construed as a continued waiver of that breach nor as a waiver of any subsequent breach of the same or any other provision.
S.4. If any clause or sub-clause of these terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
S.5. Any reference in these Terms to any Statute, Statutory Provision or Regulation includes a reference to that Statute, Statutory Provision or Regulation as amended extended or re-enacted at the relevant time.
S.6. The headings of these Terms are for convenience only and shall not affect their interpretation.
S.7. Termination of this Contract shall not affect rights and obligations which have already accrued at the time of termination
S.8. Nothing in these terms or the Contract is intended to or will create any benefit for or right to enforce any of the terms of the Contract to any third party
S.9. We may transfer our rights and obligations under these terms to another organisation within the Nicholls & Clarke Group of Companies.
