1. THESE TERMS
1.1 What these terms cover. These are the terms and conditions on which we supply our 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 Quartzize Worktops Ltd T/A Quicktops, a company registered in England and Wales. Our company registration number is 11674896 and our registered office is at Unit 2 Lonlas Business Park, Lonlas, Neath, SA10 6SN. Our registered VAT number is GB310931930.
2.2 How to contact us. You can contact us by telephoning us on 0800 802 1792.
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 contact you or attend your address to accept it, 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 of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product.
4. OUR PRODUCTS
4.1 Products include all goods and materials supplied by us to you which for the avoidance of doubt includes all white goods, sinks, taps and associated item, units, tops and doors. Products may vary slightly from their pictures. The images of the products in our brochure and on our website are for illustrative purposes only. Although we have made every effort to ensure the colours are accurately represented there may be minor variations. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible because our products are bespoke, all sizes, weights, capacities, dimensions, and measurements indicated in our brochure and on our website may not be 100% accurate. In relation to our quartz worktops, as it is a natural stone product it may have slight blemishes or small indentations which may become apparent before, during or after installation and the colour we install can vary slightly from the colour of the sample that you have seen. Any mark and/or chip and/or scratch and/or visible blemish of any kind is only deemed a flaw and require repair and/or replacement if it can be seen in natural light from a distance of 1.5 meters away and in relation to which where we consider suitable a cosmetic repair will be undertaken rather than a replacement and this applies to all goods and materials supplied with for the avoidance of doubt includes all doors and worktops. In the event of us providing you with any additional or replacement sections of quartz, please note that this may differ in shade or colour from the original order due to the fact that, as only already noted, that quartz is a natural product. We endeavour to supply the closest possible match.
4.2 Making sure your measurements are accurate. If we are making the product to measurements you have given us you are responsible for ensuring that these measurements are correct.
4.3 We do not undertake any electrical work.
5. YOUR RIGHTS TO MAKE CHANGES
5.1 If you wish to make a change to the product you have ordered please contact us. As our products are bespoke, it is not always possible to change your order but we will let you know. If it is possible, we will let you know about any changes to the price of the product, the timing of supply 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. OUR RIGHTS TO MAKE CHANGE
6.1 Minor changes to the products. We may change the product and have the right to amend the terms and conditions of this contract where we need to do so in order to comply with changes in the law or for regulatory reasons or where we need to correct any errors or omissions as long as such correction is minor and does not materially affect the contract.
7. PROVIDING THE PRODUCTS
7.1 Delivery costs. The costs of delivery will be as set out in our brochure.
7.2 When we will provide the products. During the order process we will let you know when we will deliver and install the products. We will agree this date with you. We aim to provide the products by the dates and times we agree with you or notified to you but we cannot guarantee or provide a firm commitment that:
a. We will start providing the products by a specified date or time; or
b. We will complete the performance of providing the products by any specified date or time; or
c. The performance of any individual part of providing the products will be completed by a specified date or time; or
d. The products will be provided at the times or dates specified.
7.3 We are not responsible for delays outside our control. If our supply 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.
7.4 In the event that we, at your request, are reusing your existing sink or tap, we will not be responsible if the sink or tap break or are in any way damaged upon removal or fitting.
7.5 If you do not allow us access to deliver and provide our products. If you do not allow us access to your property to deliver and install our products and/or have failed to make ready the area where the products are to be provided and/or remove any items etc which stop or hinder in the provision of the products and/or protect your items or possessions from the affects our providing the products, we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clauses 8 and 9 will apply.
7.6 When you become responsible for the goods. You will be responsible for the products from the time we deliver them to the address you gave us and at which time, in order for us to be able to proceed with providing the products you must sign and provide to Quartzize Worktops Ltd the delivery note signed by you confirming receipt of the products in good condition. The delivery note relates to and is only in respect of the delivery of the products and not the fitting of those products.
7.7 When you own goods. You own a product which is goods once we have received payment in full.
7.8 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a. Update the product to reflect changes in relevant laws and regulatory requirements.
b. Make changes to the product as requested by you or notified by us to you (see clause 6)
7.9 We may also 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 11), 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. We will not suspend the products where you dispute the unpaid invoice (see clause 11.6). As well as suspending the products we can also charge you interest on your overdue payments (see clause 11.5).
7.10 The fitting of the products does not and will not involve the repair or remedial works in relation to any pre-existing defects or faults with your kitchen. All of your existing kitchen will remain in place and so may be visible save for any items removed by agreement with us. For the avoidance of doubt we again confirm that we do not undertake electrical works and which therefore means that we do not undertake the moving of electrical sockets.
8. CANCELLATION BY YOU
8.1 Once we and you enter into a binding contract, you will normally not be able to cancel the contract, except where we agree or as otherwise provided for in this contract.
8.2 If we agree to cancel, then you will be responsible for the cost of:
a. Any time in providing the products up to the date we stop providing the products;
b. Any of the products you have not already paid for (or any part of the price of the products you have not paid for);
c. Any materials we are contractually committed to buying up to the date of termination (whether or not we need to pay for them before or after the date the contract between us and you is cancelled);
d. Any materials and/or products we have purchased (but not used in supplying our products to you) and which will be delivered to you.
e. Any survey fees incurred by us.
8.3 In the circumstances stated in clause 8.2, we will first deduct the amounts for which you are responsible from any deposit you have paid. Any remaining deposit will be returned to you. If the amount owing is greater than the deposit, we will return invoice you for the amount in excess of the deposit.
8.4 If you:-
a. Purport to cancel the contract; or
b. Give notice purporting to cancel; or
c. Otherwise do not fulfil your obligations (such as by not paying any sums due to be paid to us) in a way which amounts to you cancelling or breaking the contract.
We do not have to accept your cancellation except as provided in clause 8.2 or as otherwise provided for in this contract. However, we may choose to accept the cancellation and if we choose to do so, you will be required to pay us a reasonable amount for the losses and costs (including loss of profit) we have suffered. If you have paid a deposit, this will be retained and if our reasonable losses and costs including loss of profit) are greater than the deposit, we have retained, we will require you to pay for our losses and costs in excess of the deposit retained.
8.5 Changing your mind. Once your order has been accepted, work will commence on making the products. As all of our products are bespoke and made to measure, we are unable to offer a 14 day cooling off or cancellation period once an order has been accepted by us. Please contact us on 0800 802 1792 to discuss.
9. OUR RIGHTS TO END THE CONTRACT
9.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you or contacting you by telephone if:
a. You do not make any payment to us when it is due; and
b. You do not, within a reasonable time, allow us to deliver the products to you and install the products.
9.2 You must compensate us if you break the contract.
10. IF THERE IS A PROBLEM WITH THE PRODUCT
10.1 How to tell us about problems. If you have any questions or complaints about our products or the installation of them, please contact us. You can telephone us on 0800 802 1792
10.2 Claims for damages or defects must be reported to our office within 72 hours of installation by either email customercare@quartzizeworktops.co.uk or by telephone as referred to above. Once that timeline has elapsed, we will not provide free of charge replacements or replacement unless the fault is deemed to be an issue with the material or manufacturing thereof.
10.3 Claims for rectification work following a leak to pipework altered or connected by our installers must be made within 28 days of installation. Once this timeline has elapsed, we will not provide free of charge rectification work.
10.4 It is the customers responsibility to register any new appliances supplied by the company with the relevant manufacturer. Any issues arising with any new appliance must be taken up with the manufacturer and not the company.
10.5 We reserve and retain the right to repair or replace any faulty product at our own discretion.
11. PRICE AND PAYMENT
11.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated in on your order form. We use our best efforts to ensure that the price of the product advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the product you order.
11.2 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 in full before the change in the rate of VAT takes effect.
11.3 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 to you, we will contact you for your instructions before we accept your order.
11.4 When you must pay and how you must pay. We accept payment with all major credit and debit cards. Payment is due as follows:
a. On acceptance of your order, you must make an advance payment in the region of 43% of the overall cost. A further payment in the region of 43% of the overall cost will become payable seven days before delivery and installation of the product. Delivery will not be arranged until payment is received. The balance will be immediately payable on completion of installation of the product and will be payable directly to the fitter undertaking the installation.
11.5 We can charge interest if you pay late. If you do not make any payment to us 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 Lloyds Bank plc 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.
11.6 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. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
11.7 You are liable for the whole of the price regardless of whether or not you are obtaining finance for the purposes of making payment to us. If you are obtaining finance from a finance provider by way of that finance being paid directly to us by the finance provider please note that such payment can only relate to the price of the goods and materials provided by us to you and cannot and does not relate to the cost of fitting the goods and materials provided.
12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
12.1 We do not exclude or limit liability for any negligence or any negligent omission which causes you personal injury or death or any circumstance where it would be unlawful to do so.
12.2 We shall only be liable for any loss or damage suffered by you which is a reasonably foreseeable consequence of a breach of this contract. In the event that any loss or damage suffered by you relates to your business activities or the use of a property for commercial purposes, then we exclude all liability and in particular, we exclude all liability for loss of profits or other economic loss arising from a breach of this contract. We only supply the products for domestic and private use.
13. HOW WE MAY USE YOUR PERSONAL INFORMATION
13.1 How we will use your personal information. We will only use your personal information as set out in our Privacy Policy. You can find our Privacy Policy on the website.
14. OTHER IMPORTANT TERMS
14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 We will assume that all information, measurements and facts that you provide are accurate and true. We will not accept liability for any loss or damage caused where we reasonably provide our products in reliance on these.
14.4 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
14.5 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.
14.6 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.
14.7 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.
14.8 We will have the right to amend the terms and conditions of this contract where:-
a. We need to do so in order to comply with changes in the Law or for regulatory reasons;
b. We need to correct any errors or omissions (and this right includes the right to change any of the document which forms part of the contract), as long as such correction is minor and does not material affect the contract
c. Where we are making any amendment, we will give you 30 days prior notice (unless the contract is terminated before that period).
