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Edition 1

Terms and Conditions

Please read all these terms and conditions (Conditions) below.  These will apply to any order or purchase you make even if you do not sign a written agreement, so it is essential that you read and understand them.

 

IF YOU ARE DEALING WITH US AS A CONSUMER, ANY STATUTORY RIGHTS YOU HAVE AS A CONSUMER WHICH ARE MANDATORY AND CANNOT BE AMENDED BY AGREEMENT ARE UNAFFECTED BY THESE CONDITIONS.

 

 

 

Application

  1. We are Sapphire Spaces Limited (Company registration No.  7345467, whose registered office is at Vantage Point, Woodwater Park, Pynes Hill, Exeter, EX2 5FD (Sapphire, we, our or us). These Conditions apply to the supply of any goods or services to you (the Customer, you or your) by us.
  2. By placing an order with us, or making a purchase from us, you agree that these Conditions become part of the agreement between you and us (together the Contract) and that any of your own terms or conditions do not.
  3. In the event that there is any conflict between these Conditions and any other term of the Contract, these Conditions will prevail (other than where an amendment to the Conditions is agreed in a written provision of the Contract which makes specific reference to the numbered paragraph of these Conditions which is to be amended and such amendment has been countersigned by a Director of Sapphire as having been approved on behalf of Sapphire).

Time and Delivery

  1. If we give you a date for delivery of goods or for the carrying-out of services this is an estimate only and we will have no liability to you if the delivery date is not met provided that, subject to the other Conditions, we do so within a reasonable period of time.
  2. Where we are supplying goods but we are not providing installation or fixing services in respect of such goods, we will either deliver the goods to you at our premises or, if we have agreed to do so in the Contract, at the delivery address nominated by you (in which case, delivery will be to the nearest ground floor entrance reasonably accessible by road at the delivery address). It will be your responsibility to get the goods from the delivery point to the room or other location where you require them.
  3. If you seek to reschedule an agreed delivery time or an attempted delivery fails through no fault of ours or our delivery agents or contractors, we reserve the right to charge you a £50 administration charge and to hold you liable for any costs and expenses we incur in relation thereto (including (without limitation) any storage charges and any contractor cancellation costs).
  4. If you seek to reschedule an agreed start date for the installation or fixing of any goods, we reserve the right to charge you a £200 administration and to hold you liable for any costs and expenses we incur in relation thereto (including (without limitation) any storage charges and any contractor cancellation costs).

Title and risk

  1. You will not own any goods we supply until we have received payment in full for such goods, but (even where you do not own them) once the goods have been delivered to you the risk and responsibility for them immediately passes to you, including (without limitation) the risk that such goods become damaged or destroyed.
  2. Where goods have been delivered but title in them has not passed to you then you hold such goods as our bailee and you will store or retain the goods in such a way that they are clearly identifiable as our goods.

Condition of goods

  1. It is your responsibility to inspect the goods upon delivery to verify their condition and that they are the goods you ordered. We will only consider claims in respect of damaged, defective or incorrect goods if (i) you have notified us of your claim within 2 working days of delivery and (ii) the installation or fitting of the relevant goods has not commenced.  Any goods that have been fitted will not be considered for replacement.

Returns and cancellation

  1. Even if you are dealing with us as a consumer, you have no right at law or under the Contract to return goods to us just because you have changed your mind.  Typically, you will also have no right at law (and you have no right under the Contract) to return goods to us if defects in such goods were known by you at the time of purchase (such as “seconds” that we have sold to you having made you aware of the relevant defect) or if you have damaged the goods by trying to repair them yourself or by getting someone else to do it. Ex-Display anything purchased from display is sold as seen and is non-returnable.
  2. Where we are satisfied that goods we delivered were damaged or defective or were not of satisfactory quality under any law of mandatory application then, subject to the previous Condition, we will be happy to deliver replacements to you free of charge provided you have complied with the notification and other requirements under these Conditions. 
  3. If you have any queries regarding how to make a return then please call us on 01392 879320.
  4. Other than where you have a statutory right (if any) of mandatory application or you have an express right under the Contract (if any), you may not cancel the Contract or any order under it without our consent which, if given (and without prejudice to any other right or remedy available to us), will entitle us to treat any sums you have already paid to us under the Contract as forfeit.
  5. Without prejudice to the generality of the previous Condition, bespoke orders cannot be cancelled and refunds cannot be made. Similarly, if you order goods which exceed your requirements (such as an excess number of tiles) we cannot accept returns of any unused excess.
  6. The quantities in any tile design by us will have been estimated with the aim of including extra for cuts, on-site breakage and reasonable attic stock for future repairs.  However, tiles and tiling are subject to many variables and we cannot be held responsible for final quantities nor can we guarantee colour or shade matching from shipment to shipment.

Appearance  

  1. We make every effort to reflect accurately the appearance of goods in our literature and on our website.   However, there will invariably be fluctuations across the products, components and other goods on offer.  This is partly due to the fact that many of the components and products are natural materials and therefore colour, hue, shape, size, texture and/ or feel will vary.  Accordingly, we are unable to guarantee that the appearance of the goods in our literature and on our website will accurately reflect that of the delivered goods and no warranty (express or implied) is given in this regard. 

Sapphire installation and fixing

  1. We will undertake any installation and fixing services we have agreed to provide under the Contract (if any) with reasonable skill and care. 
  2. Where we are providing such services it is your responsibility to ensure that the places where these services are to be undertaken are made safe, properly prepared and with reasonable and safe access.  In the event that you fail to do this or fail to complete any necessary pre-installation or pre-fixing works to our reasonable satisfaction then we may decline to proceed with the installation or fixing services or, alternatively, we may carry-out such works ourselves at your expense and risk with payment in respect thereof becoming immediately payable by you at completion of such works by us.
  3. Where we have agreed a price to undertake installation or fixing services this is agreed on the basis of information which is known to us, or which ought reasonably to have been known to us, at the time the Contract was made.  Matters do sometimes arise, during the course of installation or fixing, which were unforeseen.  You agree that in these circumstances there may be additional works that are required to be done by us under the Contract for which an additional fee will be payable by you based on the amount we determine is reasonable given the additional work and materials involved. 

Price and Payment

  1. Unless clearly stated otherwise in writing by us in the Contract, all prices quoted by us are exclusive of VAT which will be added to our invoice and be payable by you at the prevailing rate. If you use a credit card to make a payment, we will also levy a 2% handling charge.
  2. Unless we have agreed otherwise in the Contract, you must pay 100% of the contract price in cleared funds when you purchase goods or make an order for goods, services or goods and services.
  3. We will not be obliged to make a delivery of any goods until we have received payment of all sums then due under the Contract.  If we reschedule a delivery to accommodate late payment we reserve the right to charge you a £50 administration charge and to hold you liable for any costs and expenses we incur in relation thereto including (without limitation) any storage charges and any contractor cancellation costs).
  4. Interest on all sums due will run at 4% above the base lending rate of Lloyds Bank plc from time to time compounded quarterly which will accrue from day to day until payment is received after as well as before any judgment therefor.
  5. By placing an order you agree that these Conditions form part of the Contract and that the Conditions relating to payment are fundamental.
  6. You will have no right of set-off statutory or otherwise.

Guarantee and Warranties

  1. If we install or fix goods that we have also supplied under the Contract then in the event that any faulty workmanship becomes evident within two years of the date of completion of such installation or fixing by us then we will arrange to correct such fault free of charge provided that (i) you have followed our oral or written instructions on the use and maintenance of the goods we have installed or fixed; (ii) you have notified us immediately upon discovery of the alleged fault; and (iii) you do not owe us any money under the Contract.
  2. Subject to the previous Condition, our responsibility for defects in any goods we supply is limited to any benefits that we may able to secure for you by way of a guarantee or warranty from the manufacturer or from our supplier.  We will use our reasonable endeavours to procure for you the benefit of such guarantees or warranties as are conferred on us in relation to defects in goods under the terms of any agreement we may have (if any) with the manufacturers or suppliers of such goods.
  3. In consideration of receiving the benefit of these Conditions, you agree that, apart from these Conditions, no other terms, conditions, or warranties will apply (whether express or implied) unless you are dealing with us as a consumer within section 12 of the Unfair Contract Terms Act 1977, in which case any statutory rights of mandatory application are incorporated.

Exclusion or limitation of liability

  1. Nothing in the Contract will exclude any liability we may have to you for any fraudulent misrepresentation or for for any death or personal injury resulting from our negligence.
  2. Subject to the previous Condition (i) any liability we have to you will be capped at an amount equal to the contract price you have paid to us under the Contract; (ii) we will not be liable for any loss which was not reasonably foreseeable to both parties at the time the Contract was made; and (iii) we will not be liable for indirect or consequential loss that you might suffer, such as (without limitation) loss of profit or other economic loss.

Circumstances beyond our control

  1. We will have no liability to you if we are prevented from, impeded by or delayed in performing any obligation under the Contract or from carrying-out our business by something which is beyond our reasonable control, such as (without limitation) strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers.

General

  1. At our discretion and with no liability to us, we may suspend or terminate the supply of any goods or services under the Contract if (i) you fail to make payment when due, (ii) you otherwise default on any of your obligations under the Contract, (iii) you threaten to cease trading, (iv) you become insolvent or (v) a step occurs towards (a) your bankruptcy, (b) your insolvency, (c) the appointment of an administrative receiver over your business or (d) your compulsory or voluntary winding up or (vi) we bona fide believe any of these events may occur.  In any of these circumstances occur we may also choose to end any right you have to use any goods already delivered to you under the Contract, in which case you must return them to us as directed or allow us to collect them (in either case at your cost).
  2. Any agreement by us to supply goods or services is subject to availability.  In the event of unavailability, we will be entitled to cancel the Contract and if we do so our liability will be limited to refund any money you have already paid in respect of any unsupplied goods or services.
  3. If payment to us in respect of any goods or services supplied, or to be supplied, to you is made to us by a third party (such as a bank or credit card company) then we may choose to make any refund (or similar payment that may become due from us) direct to such third party in full discharge of our obligations to you.

Third Parties

  1. Pursuant to section 1(2)(a) of the Contract (Rights of Third Parties) Act 1999, the parties to the Contract agree that no term of the Contract may be enforced by a person who is not a party to the Contract.

Severance

  1. If one or more of the provisions in these Conditions is found to be unlawful, invalid or otherwise unenforceable, such provision(s) shall be deemed severed from the remainder of the Conditions (which shall remain valid and enforceable).

No waiver

  1. No waiver by us of any breach of the Contract by you will be considered as a waiver of any subsequent breach of the same or any other provision.

Governing law and jurisdiction

  1. The Contract (including (without limitation) any non-contractual matters) is governed by English law and you consent to the exclusive jurisdiction of the English Courts.
  2. As a customer, we will automatically send you marketing emails about similar products and services, but - in line with our legal obligations - we will give you the ability to opt out of receiving such messages.