LAPICIDA SP LTD – CONSUMER TERMS & CONDITIONS

To protect your own interests, please read these terms and conditions carefully before agreeing to them.  If you are uncertain as to your rights under them or you want an explanation about them please contact our Customer Advisor on 01423 400 100 (available Monday to Friday between 10.00am and 4.00pm).  Once you have read them and if you wish to proceed with a purchase, fill in and sign the order form.

• BASIS OF AGREEMENT
• We will treat each order for goods as an offer by you to purchase the goods in accordance with these terms and conditions. No order submitted by you is accepted by us until we confirm its acceptance.  No contract shall exist between you and us until we confirm our receipt and acceptance of your order in this way.
• If you do not wish to be bound by any of these terms and conditions you must make sure that we agree the variation with you in writing before you sign the order form. It is your responsibility to read these terms and conditions carefully before signing the order form and to raise any problems with us then.
• Our employees and representatives are not authorised to make any representation concerning the goods and you are advised to ask for written confirmation of representations.
• DESCRIPTION

All product descriptions and content issued by us are intended merely to present a general idea of our goods.  Whilst every effort will be made to supply the goods in accordance with the quality of samples quoted for, due to the natural nature of the goods it may be that the goods delivered vary in colour, shade, texture, pattern and finish from goods seen in the showroom or in a catalogue.

• custom made goods
• Some of our goods are custom made to order which means that they cannot be exchanged or returned unless they are defective.  If the goods you wish to purchase are custom made we will inform you of this before your order is accepted.  Full payment of the purchase price (including a 50% non-refundable deposit)  will be required on placing an order for custom made goods to cover our costs incurred manufacturing the goods. Custom made orders must have detailed specifications signed and agreed by you prior to manufacture.  Any delay in this is your responsibility. 
• PRICE
• Prices advertised in our showroom do not include VAT or delivery charges. The total price of the goods that you will pay is the total price set out on our order form. The total price includes:- the cost of delivery to you and (where applicable), VAT at the current rate at date of supply or delivery. Delivery charges will vary dependant on the size and weight of the goods and the distance of the address for delivery from us. Where goods are supplied in a pattern format involving several different sized goods to complete the pattern, we will only supply and you will be required to pay for the goods required to establish the pattern as a whole. We will not supply the individual constituent parts.
• PAYMENT
• Payment should be made by cash, cheque with valid cheque guarantee card, Delta, Mastercard, Solo, Switch, Amex or Visa at the time of the order, unless otherwise agreed. Credit is provided entirely at our discretion. We will select and prepare the goods immediately following placement of the order. Where credit is provided, we will raise an invoice when the goods are selected we will raise an invoice immediately following placement of an order. Payment for the goods is due and payable 30 days after the date of invoice or within 3 days of delivery, whichever is the later. Payment is due immediately upon termination of the contract. You are not entitled by reason of any alleged minor defect to withhold more than a reasonably proportionate amount of the sum due to us unless you inform us in writing of your complaint. Payment is received by us when we receive it in cleared funds. Interest on any amounts overdue from you will be charged monthly on unpaid accounts at the rate of 4% above the Lloyds TSB plc base lending rate.
• OWNERSHIP

All goods remain our property until payment is received in full.  The goods will only be owned by you once we have received payment in full.

• DELIVERY
• We will try to deliver your goods on the date set out in the order form. In the event of the goods being out of stock we will inform you and give a new estimated delivery date. The place where we deliver will be shown on the order form and must be to a mainland UK address unless previously agreed in writing.  All deliveries will typically be kerbside deliveries, depending on the vehicle used.  If kerbside delivery is not suitable (as determined by the driver) goods will be unloaded to the nearest easily accessible and safest point for the address stated.  We will not deliver the goods without your presence unless full payment has been received in advance of the delivery. Where you are unable to accept delivery, you must contact us at least 5 days  in advance and we will both agree an alternative date.  If you fail to do so, we may have to charge you for the reasonable cost of the wasted delivery incurred by us and the reasonable costs of storing and insuring the goods which must be paid before re-delivery. If no one is available or you do not accept the goods when they are delivered or your delivery instructions are not clear enough, we will where possible leave notification of the attempt to deliver and will hold the goods in storage.  We will attempt to contact you by telephone, letter and/or email to arrange re-delivery. We reserve the right to charge you for the reasonable cost of the wasted delivery incurred by us and the reasonable costs of storing and insuring the goods, which may need to be paid before re-delivery. A change in order may impact on the delivery date.  You must check with us when you amend your order whether the delivery date may change. Delivery may take place at any time Monday to Friday between 8.00 am and 6.00 pm (excluding bank holidays).  We are unable to offer timed deliveries. We do not accept any responsibility for onwards handling at the delivery address once initial delivery has been completed.  You are responsible for the goods from the time they are delivered. You must check the goods against the order and sign an acceptance on delivery. Shortages, damages or incorrect deliveries notified to us within 3 working days of receipt will, whenever possible, be rectified within a further 7 working days, subject to availability and transportation. Thereafter any remedial action will be at our discretion. You should telephone 01423 400 100 in the event of any issues relating to the delivery or the goods themselves. The transport and carriage of goods by you or your own contractors is entirely at your own risk.
• returns policy
• Unless goods are custom made (please see above) in which case our returns policy does not apply, if for any reason you are unhappy with all or any of the goods received, you can return these for an exchange or refund within 14 days from the date of order or seven working days from the day after you receive the goods (whichever is longer) provided the goods are in the same condition as delivered.  In no circumstances will returns be accepted after fixing and installation of the goods. You shall be responsible for the cost of returning goods or we can arrange collection of the goods for a charge. Where you return goods we reserve the right to charge you for our reasonable costs of restocking the goods.  However, in cases of goods which do not correspond with the contract of sale such as damaged, misdescribed or wrongly supplied goods, we will meet the costs of return and restocking.  Any charges will be deducted from any refund or exchange, or where an invoice has not been settled, will be due and payable immediately on return of the goods. We shall use reasonable endeavours to replace damaged or defective goods notified to us within 3 working days of delivery and otherwise in accordance with these terms and conditions (provided you have complied with all product instructions, if relevant) but if replacement is not possible, our only obligation is to refund the full amount paid by you. Where payment is made by a debit/credit card, any refund will be to the same account.
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• LIMITS OF LIABILITY – your attention is drawn to this clause
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• Nothing in these terms seeks to limit or exclude our liability if something we do causes death or personal injury through our negligence or if we cause damage to your property and that cause is our fault.
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• Provided you are not purchasing the goods for business purposes, we are also not seeking to exclude or limit our responsible for loss caused by:-
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• the goods not matching our description of them;
• the goods not being of the quality you would expect;
• the goods not being fit to purpose; and
• us not having the legal right to sell the goods to you.
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• We will not be liable for any losses that you suffer as a result of any breach of our agreement except those losses which are a foreseeable consequence of the breach. In particular, since the goods are provided to you as a consumer, we cannot accept responsibility for any losses related to any business of yours such as lost profits or other business loss that you may incur as result of any breach of our agreement.
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• We accept no liability for the suitability of goods ordered by you or for any damage caused due to your failure to fix and/or fit the goods in accordance with good industry practice and any product instructions provided.
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• We accept no liability for any reasonable variation in colour, shade, texture, pattern and finish from goods seen in the showroom or in a catalogue to the goods delivered which is due to the natural nature of the goods.
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• cancellation and delay
• If you do not pay for the goods within 14 days of the date payment is due, we may cancel our agreement. We will return any sum received by us up to that date less any reasonable expenses incurred by us.  If we cancel for any other reason, we will give you reasonable notice of the cancellation and return any sum received by us from you up to that date. Orders may be cancelled by you providing us with 5 days written notice prior to delivery (after this, goods are dispatched and can only be returned in accordance with our Returns Policy above). Cancellation is not effective until written notice is received by us. On cancellation by you in accordance with these terms and conditions, our only obligation is to refund any amount paid by you, less any non-refundable deposit and any other reasonable costs and expenses incurred by us, which may include restocking the goods.  Where payment is made by a debit/credit card, any refund will be to the same account. If something you do causes delivery to be delayed (unless the delay is reasonable or unavoidable as a result of events beyond your reasonable control) we reserve the right to apply any increase which has been generally applied to our prices since the date of acceptance of the order and we will tell you of this.  If we do increase our prices, you may cancel the order by providing us with written notice within 14 days but you will have to pay any reasonable costs and expenses incurred by us.
• STATUTORY RIGHTS

As a consumer you have certain statutory rights regarding statements made in public by us or our representatives, the repair or return and replacement of defective or misdescribed goods, as well as claims in respect of losses caused by our negligence or our failure to carry out our obligations.  In certain circumstances you may require us to reduce the price you have paid for defective or misdescribed goods or cancel your contract with us.  Nothing in these terms and conditions affects those statutory rights.

• intellectual property

All designs, imagery and text used within the showroom and in publicity leaflets, advertisements and publications is the copyright of Lapicida (Stone Production) Ltd and any reproduction must only be with our express permission in writing.

• COMPLAINTS

We will try to solve any disagreements quickly and efficiently.  If you are not happy with the way we deal with any disagreement the address for complaints is Lapicida (Stone Production) Ltd. St James Business Park, Grimbald Crag Close, Knaresborough, HG5 8PJ. Telephone: 01423 400 100; Fax: 01423 400 200.