TERMS AND CONDITIONS Application and entire agreement Clauses 1.1 These Terms and Conditions will apply to the purchase of goods from On-Site Welding & Engineering Company Limited (Trading as Riverside Hardware) a company registered in England and Wales under number 00570177 whose registered office is at Unit 3C North Road, Bridged Industrial Estate, Bridgend, CF313TP 1.2 These Terms and Conditions will be deemed to have been accepted by you when you place the order for the Goods and will constitute the entire agreement between us and you. 1.3 These Terms and Conditions apply to the sale of any Goods between us and you, to the exclusion of any other terms that you try to impose or incorporate, or which are implied by trade, custom, practice or course of dealing 1.4 When placing an order through our website you acknowledge and be bound by those additional terms contained below in the Schedule to these Terms and Conditions Definitions In this document the following words shall have the following meanings: 2.1 “Buyer” means the organization or person who buys Goods 2.2 “Goods” means the articles to be supplied to the Buyer by the Seller; 2.3 “Seller” means Onsite Engineers Supplies (trading as Riverside Hardware) 2.4 “Price” means the Price (less agreed discount) as shown on the price list. The price is exclusive of VAT or any other applicable costs. 3 Price and Payment 3.1 The price shall be as stated above, ” Please note that online prices may vary to in-store prices, Online promotions are exclusive to online orders ” 3.2 Other than online sales where payment is required upon placing the order, Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller. 3.3 Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 14 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller. 3.4 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to: 3.5.1 require payment in advance of delivery in relation to any Goods not previously delivered; 3.5.2 refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery; Description Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer hereby affirms that it does not in any way rely on any description when entering into the contract. Sample Where a sample of the Goods is shown to and inspected by the Buyer, the parties hereto accept that such a sample is representative in nature and the bulk of the order may differ slightly as a result of the manufacturing process. Delivery 6.1 Unless otherwise agreed in writing, delivery of the Goods (if required and at a cost to be agreed with the Seller) shall take place at the address specified by the Buyer on, or as close as possible to the date required by the Buyer. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. 6.2 If the Seller is unable to deliver the Goods because of actions or circumstances under the control of the Buyer, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage. 6.3 Any damages, shortages, over deliveries and duplicated orders should be reported to the Seller within 14 days of signed receipt to enable replacement or refund. Risk Risk in the Goods shall pass to the Buyer upon receipt of the goods. Where the Buyer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first. Title Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods. Return of Unused Goods 9.1 All goods are sold on a firm sale basis, i.e. the Seller will not take back any goods not required or sold by the Buyer, unless otherwise agreed, in which case the following terms apply. 9.2 Any returns must be authorized by a representative of the Seller before any credit will be given. 9.3 Where the Seller agrees to accept the return of goods that are not damaged the Buyer will be responsible for the cost of carriage and will ensure that they are carefully packaged to avoid any damage in transit. The Seller will not be obliged to accept any goods that are damaged in any way. The Seller will only accept returns that appear in the Sellers current Publication List. 9.4 Credit of amounts due or paid in will only be given for goods that are in saleable condition. Limitation of Liability 10.1 The Seller shall not be liable for any all loss or damage suffered by the Buyer in excess of the contract price. 10.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents. 10.3 The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement. Governing Law and Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of England and the parties hereby submit to the exclusive jurisdiction of the English courts. SCHEDULE Online Sales Important Information about Riverside Hardware – your supplier: This is our Ecommerce web-site and as such we conduct the selling of products through transaction(s) processed by our web site – www.riversidehardware.co.uk Our business is registered in England and Wales under company number 00570177 whose registered office is at Unit 3C North Road, Bridged Industrial Estate, Bridgend, CF31 3TP Contacting Us: For Office enquiries between: 8am 5pm (Mon – Fri) Tel: 01656 662449 Fax: 01656 768375 Email: email@example.com Queries about your Web-site order: 01656 662449 Request a REFUND application form. You can notify our Customer Services Team here firstname.lastname@example.org Important information for you – our customer: It is your responsibility to ensure you are eligible to (as in law governing your age and capability) place an order or conduct any type of transaction or communication via our web site. If you are placing an order on behalf of a business you are employed by then by placing the order you confirm you have the authority that will bind the business you represent to that contract. Using this web site. When you use this site you come under the governance of these Terms and Conditions; these are separate and not applicable to our retail store outlets nor vice versa. Our representation of the products we sell on this web site might vary slightly to what you see, please note the following: The images we use are of good quality and must be considered as ‘illustrative purpose only’ this applies to descriptions and specifications. We cannot guarantee the quality or capability of the computer system you are using to view our web site and therefore cannot guarantee the reproductive quality of the images you will see. Please also note that the specifications we display should be considered as ‘approximate’ as slight variations may occur (this could include weights, dimensions, capacities or tile sizes). The packaging shown in the images we display may also vary to the packaging of the product you receive. Some goods are manufactured in batches and this can affect the colour shade, we will always supply your order with tiles from the same batch unless previously discussed and agreed with you. Subsequent orders you place may not be from the same batch as your original purchase. It is important that you thoroughly check your purchase before using or applying. We cannot accept responsibility for any products once they have been fixed/installed. In these circumstances, no returns or refunds will be accepted. What happens when you place an order with us? Placing an order with us has a number of processes to go through before you receive your goods, at the moment you ‘checkout’ and pay for the order the beginning of your contract with us starts. The key steps are: Once your order is placed you will receive an email which is your (and our) Order Acknowledgement. At this stage this does not mean your order has been accepted, it is an indication that you are making an offer to buy the products you have selected. Our acceptance of your order is confirmed when we dispatch your goods; please note that the contract covers only the goods we dispatch to you. There is no obligation on us to supply any other products that were part of the order until we have possession of those goods and they are available for dispatch. Your rights as a consumer and our obligations. As a consumer you are entitled to cancel your order (subject to clause 7.1-7.6) within 14 days that begins on the day after you receive your goods. If your order is the subject of multiple deliveries due to stock availability etc. then the 14 day cancellation period starts on the day after the last delivery instalment. In cases such as this you will receive a full refund of the price you paid for the goods and/or services supplied. You will not receive a refund for any delivery costs incurred by Riverside Hardware Once your return and refund application has been agreed and further to clause 6.2 you will be responsible for the cost of returning the goods to us. If you return goods at our expense we will charge you such expense. The only exclusions from this are: a) if the goods are faulty (See Clause 14) OR b) the goods are not as described. Conditions under which your ‘14 day cancellation’ option will not apply: If you have damaged the goods during receipt of delivery. If your ordered products include grout and/or adhesive they have been opened (other than they are faulty) Any products that have been installed or fitted (other than those proven to have been faulty prior to delivery and installation) Products that are the subject of bespoke production or procurement to your specifications. Any products purchased from our retail stores or have been ordered from a store and subsequently been collected from that store, collected from our central warehouse or been specified by you for home delivery (see: clause 3 Using this Web Site) Products must be returned immediately as new and with the original packing intact other than any flaps or seams that might have been opened to allow access to the product within. We reserve the right to charge for the cost of repackaging a product where the original packaging has been ruined or destroyed while unpacking. How to advise us of your wish to Cancel a Contract (your order). Cancelling your contract will only be accepted if submitted in writing (in this instance an email is acceptable) can be done by: Requesting by email that you wish to cancel your contract with us, send your request to: email@example.com We will send you the Refund Request Form that you must complete and return to us by email or post. Use our Refund Request Form which is the easiest and recommended method. If you have any questions before cancelling or during the cancel process you can call us: 01656 662449 Accepted refund requests are processed within 30 days How soon before you receive your order? We aim to deliver all orders expediently although no guarantee is given as to how quickly this will be as it depends on the items that constitute the order. Once your order has been received and stock has been checked for availability we will inform you (either by email or telephone) of any likely delays due to ‘stock shortages’. We will advise you at the time of dispatch that your shipment in full, or in part (as previously advised and agreed with you) has taken place. Delivery Process and things to be aware of. Your order may be made on a pallet or multiple pallets using large wagons with tail lift, please make sure you read the Terms and Conditions of Delivery for details of important information you must advise us of prior to delivery. If your delivery has been confirmed and you do not wish to proceed with the agreed delivery you must notify us by no later than 3PM on the day prior to the delivery. You may be liable for re-delivery or return delivery charges if this is not done. You should not arrange your installer/tradesman until you have taken delivery of your goods and they have been checked and accepted by you; we will accept no liability for any financial implications of any kind due to planned deliveries arriving late (for whatever reason). Ordered Products Risk and Title At the time of delivery ‘risk for the products’ is solely yours. Ownership of the Products is yours when full payment (including delivery charges) has been confirmed by our bank (which may or may not be immediately when you make a payment online). Web Site Prices All product prices shown on our web site include VAT. Delivery charges are excluded the product prices displayed on our web site and are added to your order during the checkout process. Special promotions when available will also include VAT and may or may not coincide with promotions held in our stores. We reserve the right to change prices at any time but any changes applied will not affect orders already placed. Every care is taken when adding product details and price(s) to our web site – in the case of errors with pricing our policy is: Once we receive an order through the web site and before our contract with you is confirmed we check the prices – if an error is identified, especially as the error could be reasonably recognised as a likely error we retain the option of not supplying the product at the incorrect price if lower. We will contact with the correct price and you will have the option of cancelling, paying the correct price or selecting an alternative. For errors that have resulted in a higher price than is normal for the product we will contact you and advise, you have the option of a refund of the difference or selecting extra products to the value of the difference. Taking Care of Quality Standards. All products are subject to quality checks before they leave the manufacturer and additional visual checks before your order is dispatched. However, it is impossible to guarantee that every defect or damage is seen and isolated. We have a process for dealing with defects or damages that are seen when checking on delivery or before the installation process. NOTE: Please refer to clause 4.6 If a defect or damage is discovered when delivery is made and being checked you must notify us immediately and before any installation work is undertaken. Our Delivery Terms & Conditions provides a detailed guide that tells you what to do before delivery and after delivery so that you can help us to help you avoid any complications and if there are any complications how they can be dealt with quickly and efficiently. Requested Returns with and without Refunds (including damaged/defect products). You must notify immediately if you believe you have reason to make a return or claim a refund. For products that are within the 14-day cancellation period see clause 7 for the circumstances under which no refund will be approved. For Products that are within the 14-day cancellation period and have been accepted by us for a refund see clause 6 In the rare event of there being a damaged/defect or perceived damaged/defect you must notify us immediately. We will advise you how to proceed with the return of goods, at the time you notify us we recommend you take the following actions: –Take a photograph (smart phone quality is usually adequate as long as the image is not blurred) of the damage, if possible a couple of angles would be useful. –Make a brief note of the damage/defect and the date and time. –Ensure you always have your order number available or stated on any communications you send to us. Once we have the damaged/defective products back we will examine them, if we determine the problem was not of your making (or that of anyone associated with installing, unpacking or off-loading) we will offer a refund or replacement as agreed with you, this will include the cost of the delivery to you and the cost of re-delivery if you request a replacement. Refund payments will depend upon the time taken to examine (which may include expert examination by the manufacturer/supplier) the reported damage/defect, we will ensure maximum priority is given to achieving the minimum time possible. Except in unusual circumstances we expect the refund (if proven to be warranted) to occur within 30 days. Refund payments will be made using the same process as used by you to make the payment. Returned products that are claimed by you to be damaged/defective that are found to be perfectly intact and operable will either be returned to you (at your cost) or will be refunded as per the terms set out in clause 6 as long as the claim made falls within the ’14 day cancellation period’ If the returned products are outside of the 14 day period you will have been advised of the options available at the time you made contact with us to lodge your ‘faulty/damaged products return/refund’ request. If the returned products have been installed, partly installed, altered, modified or used for purposes they were not intended for then you will be offered the option to either have the products returned to you at your cost or collected by you (at your time and cost) from our central warehouse. No refund or credit will apply to these items We accept no liability for any item after being installed whether installed correctly or incorrectly this includes consequential loses either directly or indirectly. How to Organise a Return. The process begins when you notify us by email firstname.lastname@example.org Or by telephone: 01656 662449 Important! Please make sure you have your order number available if calling and stated on your email/letter if writing. Customer Services will issue you the returns form along with a returns reference number.