Terms and Conditions with Retail & Cash before delivery trade customers.
“Customer” or “You” the customer of Supplier whose details may be more particularly set out in the the Order Form, Sale Form, Invoice or Receipt.
“Order Form” the request for the Customer to the Supplier for supply of Products for a particular order.
“Sale Form” confirmation of an order for Products to be supplied to you.
“Supplier” or “We” or “Us” Go It Local Ltd trading as Maison Prestige, a company registered in England and Wales under number 08335139.
“Special Products” products that are not usually stock items and will require importing or manufacturing for your order.
“Special Order” the placing of an order for Special Products.
“Special Order Form” a form instructing us to order Special Products on your behalf that cannot be cancelled or returned.
This document sets out the terms of the agreement between you, the customer named in the order/ sale form(“Order Form” / “Sale Form”) that we give to you (“you”) and the Supplier named on that Order Form (“we” or “us”) for our supply of products described in the Order Form to you (“Products”). If any Products are being made specifically to your order (“Special Products” or “Special Order”), then a “Special Order Form” that we give you may apply as well as the Order Form. Together, these Terms, the Order Form and any Special Order Form constitute the agreement between you and us for our supply of Products to you. (“Agreement”). To the extent that there is any conflict between the documents, then the Special Order Form will prevail over the Order Form, which will prevail over these Terms. No other terms apply to the Agreement unless we and you each agree to them in writing. This Agreement only covers our supply of products. If we or another Company agree to provide installation or other services, that shall be the subject of a separate agreement.
The Agreement is between us and a consumer. Nothing in the Agreement affects your statutory rights. Nothing in this Agreement exludes or limits liability for fraud, or for death or
personal injury caused by negligence, or for any goods that are unsafe, or for any consumer right to buy goods with sufficient title. of satisfactory quality, that correspond with their description or that are fit for purpose, or for anything that is not possible to exclude or limit at law.
Where you collect Products from us, you should check they are in stock before you come to collect. The Agreement is subject to availability of the Products to be supplied. You and we may each cancel the Agreement at any time before delivery or collection. Except where the Special Order Form provides to the contrary, if you cancel you shall not be obliged to pay anything further beyond what was already due to us. If we cancel, to the extent permitted by law, our liability will be limited to us immediately refunding any deposit paid to us for the Products to the person who paid us. If payment has been made to us by somebody else on your behalf (eg a credit card company or a bank), the repayment shall be made to them.
If we give a date for delivery of the Products, this is an estimate only and, to the extent permitted by law, we shall not be liable if the delivery date is not met, provided that we deliver the Products within a reasonable time. Where we are only delivering Products to you and not also providing installation, fixing or other services, we will deliver the Products to the nearest entrance to the delivery address at ground floor level only. It is your responsibility to get the Products from that point to any other part of the delivery address. Some Products are large (eg shower enclosures and some baths) and it may be difficult or impossible without modifications to the premises for you to get the items up small or sharp turning staircases or through small doorways. It si your responsibility to satisfy yourself that the access to the room into which the items are being fitted is sufficient for the size of the Products purchased and to modify the premises if necessary. From the estimated delivery date until we actually deliver the Products, you agree to ensure that you and your premises are ready for the safe receipt of the Products and you agree to provide us with all necessary access to the delivery address and premises at all reasonable times. You agree to sign a delivery note to show that you have received a delivery. You must also provide our delivery vehicle with reasonable access to park and deliver, or give us sufficient notice for reasonable arrangements for making deliveries. We may contact you with an estimated time of actual delivery, but we are unable to give an exact time. When we deliver late or not at all due to your act or omission we may (at our discretion) charge for delivery, cancel the Agreement and sell the products to someone else, and/or charge for storage.
Storage of Products
If for any reason you wish to postpone the delivery of the Products beyond the estimated delivery date, we will store the products for seven days free of charge (provided that you give us sufficient warning before we start delivery). If you elect not to receive the delivery of the Products at the expiry of those seven days (again, provided that you gae us sufficient warning before we start delivery), we shall continue to store the Products for a maximum of a further of 28 days and then may (in our absolute discretion) decide whether or not to do so after the expiry of that period. We may charge you a fair and reasonable sum for the costs incurred (which will include the storage, insurance and administration) following the initial seven day period. Beyond the 28 day period, you will need either to take delivery or arrange your own storage of the Products elsewhere.
Risk passes on delivery
Once we have delivered the Products, the responsibility for the Products passes from us to you including, without limitation, the risk of them becoming damaged. It shall be your responsibility to inspect the Products upon delivery to ensure that they are in a satisfactory condition and delivered in sufficient quantities. You should report to us any shortages or defects within 48 hours of delivery or prior to installation or fixing (whichever is sooner).
Check before ordering
You must ensure that the Order Form, Quotation or Invoice, and (if applicable) Special Order Form contains full and accurate information for the Products that you are ordering, and for all price, payment and delivery information. This includes (without limitation) checking that the ordered products have the correct Product code, title and description. Although we may help with calculating your requirements, you are responsible for checking that the ordered Products meet your particular needs and you should check measurements carefully. There are many factors you should consider, including without limitation grout joints, breakages and wastage, aborted and inaccurate cuts and tiles for spares. You should also check with your tiler and/or installer of any products before ordering where necessary, as they may have specific allowances that they are comfortable working with.
Check before fixing or installing
Some of the Products that we supply have variations of shading, size and finish. Depending on the nature of the Products supplied, a degree of variation of shading is acceptable and may have natural imperfections. These are not faults. In any event, you are responsible for for checking the satisfactory degree of shading variation and satisfactory nature of the Products (including, without limitation, any damage) before any of the Products are installed or fixed and if you are not satisfied with the shading, size or finish, you must inform us in writing before proceeding with installation or fixing. To the extent permitted by law, we will not be responsible for any losses incurred if you do not adhere to this. In addition, to ensure that you do not waste any money, you should book installation or fixing after you are happy that the Products have been delivered in full and to the standard expected.
Natural products (Marble/ Quartz/ Wood including imitations)
Natural Products have a greater degree of variation that manufactured products. This may apply not only to colour/ shading, but also the pattern of the products. It is usually impossible to get two natural products that are the same as each other in shading and/or design. You may have purchased natural products from viewing a catalogue or from a showroom display. You agree that any natural products that we supply (including imitations) we supply will not be the same as the one that you see in a catalogue or showroom, but will be similar.
Except in cases where we are providing installation or fixing services and as part of those services under a separate agreement between you and us we have undertaken a site survey, it is your responsibility and not ours to ensure that the Products are suitable for the place in which you wish to install or fix them.
Where we are providing installation or fixing services, we shall be entirely responsible for the quality and other provisions of those services under a separate agreement between you and us. Aside from that, we are not responsible for organising or providing installation or fixing services for you. We often do not provide fixing or installation services: however, sometimes we may be able to help you to choose people to provide you with installation or fixing services directly by giving you their contact details. If we do this, we in no way recommend the use of any particular person, and all agreements for the installation and fixing shall be between you and the person you may choose, and we shall have no responsibility or liability with regard to the installation or fixing or for any act or omission of the installer or fixer.
Retention of Title
We remain the legal owner of the Products until we have received payment in full for them. If you obtain possession of the Products before then, you agree to hold them on our behalf until full payment has been received, when you will then become the legal owner.
Price and Payment
Unless stated otherwise, all prices quoted are exclusive of VAT which shall be added (if applicable) at the prevailing rate. The Order Form and (if applicable) Special Order Form set out the price and terms for payment by you and the amount of any deposit or stage payments. Unless otherwise agreed between us, you must pay 100% on order for Special Order Products, and (for all other Products) 50% on order and the remainder before delivery. Payment shall be made when we reciev it in cleared funds. The terms as to payment are fundamental to the Agreement and any breach of those terms by you would entitle us to treat the Agreement as being broken. We may then claim from you an amount of money equal to the amount of money we have lost because of your fundamental breach as to payment and we may cancel the Agreement and retain any monies already received.
Returns and Re-stocking Policy
The rest of this paragraph only applies in respect of Products that we have delivered in accordance with the standard required by this Agreement or at law, and does not affect your statutory rights in respect of Products that we deliver which do not conform to the standard required by this Agreement or at law. Products are not sold on a sale or return basis. Once ordered you are liable for payment in full. At our absolute discretion and subject to conditions we stipulate, we may (upon production of a valid sales receipt) within 28 days of delivery of the Products accept their return or the cancellation of this Agreement (or part of it) by you upon you paying a minimum re-stocking fee or cancellation fee of 20% of the price of the cancelled Products and you providing such information as we may reasonably require. We will not however, agree to you cancelling or returning the Products if: the Products have been damages, modified or in any way changed or altered after we delivered them; or you have started to install them; or the Products are Special Products; or the boxes are damaged or not full; or the Products are in a form that makes it difficult to re-sell without us incurring cost. If we agree to part or full cancellation, you must re-deliver the Products or make them available for collection in accordance with the timeframes and manner and packaging that we reasonably require (including, without limitation, for delivery of large or heavy items to a designated warehouse and not to a showroom). We may also charge a transport fee for collecting the products from you.
If you claim that we have supplied faulty Products, you agree to allow us and/or the manufacturer’s representative the right and access to inspect them at all reasonable times requested by us. Until your claim is fully resolved, you agree to hold the Products in good condition and take all care of them.
We may collect and store personal data relating to you including without limitation your name, address, telephone numbers, email details, payment details and any other personal data you may give to us. You agree to us storing this information, sharing it with our agents and installation and other service providers and for us to inform you of other products and services that we feel may be of interest to you, and to check matters such as your credit rating and exchange data for preventing fraud and tackling crime and for credit risk purposes. We may also use your personal data to respond to you if you have any queries, and we may store a copy of the Agreement for future reference. We may transfer our database containing your personal data if we sell or transfer our business or part of it. Except for this, we will not use your personal data without prior written consent, unless this is necessary for the purposes described in the Agreement or unless we are required to do so by law, statute, regulations or codes or practice. We recommend that you keep a copy of the Agreement for your future reference.