SOLUS CERAMICS LIMITED

STANDARD CONSUMER TERMS AND CONDITIONS 

OUR TERMS

1. These Terms

1.1 What these terms cover. These are the terms and conditions on which we supply products to you.

1.2 Why you should read them. Please read these terms carefully before you submit your order to us. 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. If you think that there is a mistake in these terms, please contact us to discuss.

2. Information About Us and How to Contact Us

2.1 Who we are. We are Solus Ceramics Limited, a company registered in England and Wales. Our company registration number is 03138997 and our registered office is at Unit 1 Cole River Park, 285 Warwick Road, Birmingham, West Midlands, B11 2QX. Our registered VAT number is 237974268.

2.2 How to contact us. You can contact us by telephoning our customer service team at 0121 7536399 or by writing to us at [email protected] or Solus Ceramics Limited, Unit 1, Cole River Park, 285 Warwick Road Birmingham B11 2QX.

2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

3. Our Contract With You

3.1 How we will accept your order. Our acceptance of your order will take place when we tell you that we are able to provide you with the product, at which point a contract will come into existence between you and us.

3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

4. Our Products

4.1 Products may vary slightly from their pictures. The images of the products in our brochures and on our website are for illustrative purposes only. Although

we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours or the printed pictures in our brochures accurately reflect the colour of the products. Your product may vary slightly from those images. Our products are manufactured from natural materials and may be made of a naturally porous material. As such, the products may be subject to variations of colour and texture and irreparable staining.

4.2 Patterned products. Your product may also comprise of a random or repeating pattern that may require a minimum expanse of tiling to correctly display the random pattern to its full extent.

4.3 Tile Calibration. The size of the product supplied will be based on a nominal standard size (e.g. 600mm x 600mm). The exact size of the tile will be subject to differences in size attributable to the factory calibration process (e.g. 597mm x 597mm).  It is your responsibility to inform us of any specific calibration requirements that are required to meet your needs (e.g. where a calibration consistent with another product is required).

4.4 Quantities of products. It is your responsibility to ensure that you order a sufficient quantity of the products to allow for wastage and breakages that may be incurred during the installation of the products. We recommend that an extra 10% be added to any order of tiles to allow for some wastage and accidental breakages. We will not refund or accept the return of any products that are ordered in excess of your requirements. The products may be required to be supplied in boxes of fixed quantities and the quantity of the products ordered may need to be rounded up to the nearest box and you will be required to pay for any such additional box.

4.5 Making sure your measurements are accurate. If we are supplying the product to measurements you have given us you are responsible for ensuring that these measurements are correct.

5. Your Rights to Make Changes

If you wish to make a change to the product you have ordered please contact us. 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.

6. Providing the Products

6.1 Delivery arrangements and costs. Unless otherwise agreed, you are required to collect the products from our premises. For larger orders, we may agree to deliver the products for an additional charge which will be confirmed to you when you place your order.

6.2 Collection by you. If you are collecting the products from our premises, you can collect the products from us at any time during our week day working hours of

9.00am to 4.30pm subject to prior agreement.

6.3 Installation of the products. We do not provide installation services, but we may recommend fitters to carry out the installation of your products. It will be your responsibility to arrange for the installation of your products. We will not be liable for the quality of the installation carried out by recommended fitters or any claims resulting from such installation.

6.4 When we will provide the products. During the order process we will let you know when we will provide the products to you.

6.5 We are not responsible for delays outside our control. If our delivery of the products 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.

6.6 If you are not at home when the product is delivered. If no one is available at your address to take delivery, we will store the products until delivery and we will charge you for further delivery costs and may charge you for storage costs.

6.7 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery we will contact you for further instructions and may charge you for storage costs and will charge you for any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection within 7 days of the original delivery date, we may end the contract and clause 8.2 will apply.

6.8 Providing access. You must provide us with suitable access for our delivery vehicle delivering the products to you and you must inform us of any access issues when ordering your products. If we are unable to deliver the products because of issues or restrictions relating to such access, we will charge you to cover any costs we incur due to failed delivery.

6.9 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.

6.10 When you own the products. You own the products once we have received payment in full.

6.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, delivery details, quantities, measurements and colours. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 8.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

6.12 We may suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 10.4) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. As well as suspending the products we can also charge you interest on your overdue payments (see clause 10.4).

7. Your Rights to End the Contract

7.1 You can always end the contract for supply of a product before it has been delivered and paid for. You may contact us to end your contract for a product at any time before we have delivered it and you have paid for it, but in some circumstances we may charge you for doing this, as described below. Of course, you always have rights where a product is faulty or mis-described (see clause 9, “If there is a problem with the products”).

7.2 What happens if you have good reason for ending the contract. If you are ending the contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided or have not been provided properly and you may also be entitled to further compensation. The reasons are:

1. we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
2. there is a risk that supply of the products may be significantly delayed because of events outside our control;
3. we have suspended supply of the product for technical reasons, or we

notify you that we are going to suspend them for technical reasons, in each case for a period of more than 8 weeks; or

1. you have a legal right to end the contract because of something we have done wrong.
   • What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 7.2, then the contract will end immediately and we will refund any sums paid by you for products not provided but we may retain any deposit you have paid to us as compensation for the net costs we will incur as a result of your ending the contract.
   • Returning products after ending the contract. If you end the contract after products have been dispatched to you and (because we cannot recall them) they are delivered to you, you must return them to us and we will pay the costs of return.

8. Our Rights to End the Contract

8.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:

8.1.1  you do not make any payment to us or we are unable to collect

payment from you when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

8.1.2  you do not, within a reasonable time of us asking for it, provide us with

information that is necessary for us to provide the products, for example delivery details, quantities, measurements and colours;

8.1.3 you do not, within a reasonable time, allow us to deliver the products to you  or collect them from us.

8.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

8.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

9. If There Is a Problem With the Product

9.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our consumer service team at 0121 7536399 or by writing to us at [email protected] or Solus Ceramics Limited, Unit 1, Cole River Park, 285 Warwick Road Birmingham B11 2QX.

9.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

up to 30 days: if your goods are faulty, then you can get an immediate refund.

up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.

up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

 

9.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will reimburse you for the costs of collection should it be subsequently identified that it was correct to reject the products.

10. Price and Payment

10.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure  that the price of product advised to you is correct. However please see clause 10.3 for what happens if we discover an error in the price of the product you order.

10.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product (including delivery  costs) in full before the change in the rate of VAT takes effect.

10.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid and require you to return the product at our expense.

10.4 When you must pay and how you must pay. We accept payment with cash, bank transfer and most major debit and credit cards. For non-stocked products, we will request a deposit to be paid when you order the products. We will then request full payment of the products once the products have been delivered to us. For stocked products, we may request payment of a deposit if we have low stocks at our warehouse and need to order additional stock to fulfil your order. You must pay for the products (including delivery) before you collect the products or before we dispatch them to you.

10.5 We can charge interest if you pay late. If you do not make any payment to us or if we are unable to collect any payment from you by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of the Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

10.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know and we will not charge you interest until we have resolved the issue.

11. Our Responsibility for Loss or Damage Suffered By You

11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are 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, except as set out in clause 11.2 we are not 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 sales process.

11.2 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 subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the goods, as summarised at clause 9.2.

11.3 We are not liable for business losses. We will supply the products to you as a consumer for domestic and private use. 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.

12. How We May Use Your Personal Information

12.1 How we will use your personal information. We will use the personal information you provide to us:

12.1.1 to supply the products to you;

12.1.2 to process your payment for the products; and

12.1.3 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.

12.2 We will only give your personal information to other third parties where the law either requires or allows us to do so.

13. Other Important Terms

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end contract for supply of the product within 7 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end this contract or make any changes to these terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.