1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its personal representatives, successors or permitted assigns;
(c) a reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted;
(d) any phrase introduced by the terms “including”, “include”, “in particular” or any similar expression, shall be construed as illustrative and shall not limit the sense of the words preceding those terms; and
(e) a reference to “writing” or “written” includes communication by postal letter, email, facsimile and any comparable means of communication.
1.3 These Terms and Conditions supersede all previous terms and conditions.
1.4 Unless otherwise specifically stated, these Terms and Conditions and the Sales Quotation shall prevail over any other material or documents distributed or published by Martin Mosaic (brochures, booklets, newsletters, catalogues etc.).
2. COMMENCEMENT AND TERMINATION
2.1 By becoming a Customer of Martin Mosaic and placing an order for the supply of Goods, you agree that you have read, understood, accepted and agree to abide by these Terms and Conditions.
2.2 These Conditions shall take effect and be binding upon the Customer placing an order with Martin Mosaic for the supply of Goods.
3.1 Each contract between the Company and the Customer will consist of the Order, these Terms and Conditions and such other specific terms as the two parties shall agree in writing.
3.2 Acceptance of your Order and the completion of the contract between the Customer and the Company will take place upon the dispatch to the Customer of the Products ordered, unless we have notified you that we will not accept your Order or you have cancelled it.
3.3 All Orders made by the Customer are subject to availability of the Products. In the event that a requested Product becomes unavailable, Martin Mosaic will do the utmost to provide the Customer with an alternative option of a similar description and/or standard. Should the Customer decide not to accept this proposition, Martin Mosaic will cancel the request.
3.4 The Company reserves the right (without prejudice to any other remedy) by notice in writing to the Customer to cancel or suspend the delivery of the Goods comprised in any Order in the event that:
3.4.1 The Customer fails to meet its obligations under the contract with the Company or the Company being of reasonable opinion that this will be the case; or
3.4.2. An event of force majeure as set out in Clause 12 prevents the Company from supplying the Goods.
4. INSTALLATIONS AND PERFORMANCE OF THE WORKS
4.1 Where the Customer requests that any installation or restoration work is to be performed, the Company may arrange for a tiler or tradesperson or contractor to perform the requested services in the London area on behalf of the Company.
4.2 Where the Customer requests that any installation or restoration work is to be performed, the Company reserves the right and sole discretion to arrange on a case by case basis and after inspection of the site for a tiler or tradesperson or contractor to perform the requested services.
4.3 Any such arrangement made by the Company in furtherance of the Customer’s request that any installation or restoration work is to be performed is for the Customer’s convenience only.
4.4 Any tiler or tradesperson or contractor put forward by the Company to perform the requested services is not an employee of the Company and therefore the Company does not accept any liability or responsibility in relation to the tiler or tradesperson or contractor.
4.5 Where the Customer requires that a tiler or tradesperson or contractor is engaged by the Company to install or perform the works in the London area, the provision of any installation or restoration work services (unless specifically set out in the Sales Quotation) shall exclude:
4.5.1 the provision of utility supplies (including but not limited to electricity and water);
4.5.2 the moving, repositioning, adjusting or alteration of any property or equipment belonging to or in the possession of the Customer;
4.5.3 transport; and
4.5.4 any other work not detailed in the Sales Quotation.
4.6 The tiler or tradesperson or contractor responsible for the installation of the Products may impose their own terms and conditions and you are required to comply with these.
4.7 Where a significant area is to be tiled, it is the responsibility of the tiler or tradesperson or contractor to ensure that any batch, colour, shading and quality variances are minimised.
4.8 The Company does not accept any responsibility or liability for any default in the installation or performance of works or caused at the site of the installation, which is caused by any fault or negligence on the part of the Customer or the contractor in charge on the installation.
4.9 The Company does not accept any liability in respect of late completion of the installation or restoration works for any reason whatsoever.
5. PERMISSIONS AND CONSENTS
The Customer is responsible for obtaining all planning and other consents necessary for the execution of the proposed installation.
6.1 The Customer agrees to pay the Price for the Goods and / or the Services contracted in accordance with the terms of Clause 7.
6.2 The Company’s catalogues, price list, Website and other advertising material shall not form any part of any contract between the Customer and the Company.
6.3. Any information or description of the goods appearing in the Company’s catalogues, brochures and other publications is believed to be correct and current, but is not warranted by the Company, in so far as any such publication has been compiled from information supplied to the Company either by the manufacturer or supplier of the Goods. The Company accepts no responsibility for the accuracy of any such information or description.
6.4. Unless otherwise stated in writing all prices quoted are exclusive of VAT. A Sales Quotation is valid for 30 Days from date of issue.
6.5 Whilst the Company tries to ensure that all prices on its Website are accurate, errors may occur. If the Company discovers an error in the price of Goods the Customer has ordered, the Company will inform the Customer as soon as possible to give them the option of reconfirming their order at the correct price, or cancelling it. If the Company is unable to contact the Customer, the Company will treat the order as cancelled. If the Company takes the action to cancel the order, for standard stock items and the Customer has already paid for the Goods, the Customer will receive a full refund.
6.6 The Company reserves the rights to amend the Price if:
6.6.1 The Customer delays the Company in the provision of any additional services such as any installation of works or in the delivery of the Goods;
6.6.2 There is a change in legislation preventing the Company from meeting its contractual obligations; or
6.6.3 There is an event of force majeure as set out in Clause 12.
7. PAYMENT TERMS
7.1 Invoices are payable without deduction, set off or counter claim on or before the date set out in any Sales Quotation notwithstanding that the property in the Goods or Products may not have passed to the Customer.
7.2 The Customer acknowledges that the Company will require a deposit of 15% on any Order over £1,000.00 in order to accept and process the Customer’s Order.
7.3 Time of payment shall be of the essence and without prejudice to any rights the Company may have against the Customer.
7.4 The Company reserves the right to charge interest on a daily basis at the rate of 8% on all overdue payments.
7.5 The Customer acknowledges that all Orders are shipped only after the Company has received full payment.
7.6 The Company accepts the following payment methods:
7.6.1. BACS bank transfer.
7.6.2. PayPal payments. Please note that some banks and credit cards may charge a conversion fee for PayPal payments which are beyond the Company’s control;
7.6.3. Payment upon collection of the Products by the Customer.
8. DELIVERY AND SHIPPING
8.1 The Customer acknowledges that the lead time for each Order to be processed from the date of placement of the Order to the date of availability for collection is on average from one to four weeks in order for the Company to source the tiles required for the Customer’s design and specifications.
8.2 The Customer acknowledges that the lead time as specified at Clause 8.1 above is indicative only and is given with no guarantee. The Company will however use its best endeavours to secure this timescale and will notify the Customer should this timescale be exceeded.
8.2 Unless specifically requested by the Customer and stated otherwise in any Sales Quotation, Goods are sold and all available for collection from the Company’s premises.
8.3 If the Customer fails to collect the Goods when notified of their availability then, without prejudice to any other right or remedy available to the Company, the Company may at its discretion store the Goods until collection and charge the Customer for any reasonable storage cost.
8.4 In the event that the Customer requests for the Goods to be shipped directly to the Customer, the Company will arrange for the delivery of the Goods by a courier company. The Company undertakes to arrange for the Goods to be shipped within 72 hours of receipt of payment in full.
8.5 The Company will arrange for the delivery to take place from Monday to Friday, 7.30am to 6pm, although the Customer acknowledges that the courier company may deliver the goods outside of these hours. Please Note: Due to Insurance and Health & Safety regulations, neither Martin Mosaic, nor the representatives the Delivery Companies are able to take any goods into a Customer’s property.
8.6 The delivery date of the Order depends on the location of the delivery, which takes on average 5 days within the United Kingdom and up to two to three weeks outside the United Kingdom. Customers are advised to contact the Company should they require that the Goods be delivered outside the UK prior to placing their Order.
8.7 If the Goods are to be shipped, the Customer must be available to take delivery. In the event that the Customer fails to take delivery, the Goods will be returned to the Company which reserves the right to charge the Customer for reasonable shipping return and storage costs. The Customer may be charged an additional fee to rearrange for the delivery.
8.8 Before fixing, the Customer should ensure that they are satisfied that the goods supplied are in accordance with the original Order. All items should be thoroughly unpacked and inspected as soon as possible. Should the Customer have any queries or questions relating to the supply, any damage, shading or any other fault, they should contact the Company immediately via email firstname.lastname@example.org If for any reason the Company delivers a part order with a balance to follow, the Company strongly recommends that no Products are fixed until the order is complete. The Company has no control over manufacturer’s delivery times, shades, nominal sizing or the discontinuance of stocked lines.
8.9 The price of delivery by courier will depend on the weight of the Products. Noting that one square meter of tiles weights c. 20 Kg, the estimate delivery prices are as follows:
– Standard 2 to 3 days delivery by courier for orders up to [ ]
– Parcel Delivery up to 20 Kg at £20.00;
– Pallet Delivery of 80 Kg at £80.00.
9. DAMAGED GOODS
9.1 In the event that Products are damaged in transit, the Company undertakes to send a replacement free of charge, subject to the Customer returning the damaged Product (or fragments which demonstrate reasonable evidence of breakage in the case of international Orders) to the Company for its assessment and subject to Clause 9.2.
9.2 The Company will replace the damaged Goods as specified in Clause 9.1 if the Customer notified the Company by email email@example.com within 24 hours of the delivery and if the Customer indicates the damages on the delivery note when signing for the receipt of the Goods.
9.3 Any fault, quality or shading issue with the Goods supplied will remain the responsibility of the manufacturer. The Company will accept no responsibility for further or subsequent loss or expense if the Goods are faulty, or not to the satisfaction of the Customer. Any reported issues will be passed to the manufacturers, whereupon any claims will solely become the manufacturer’s liability. Any legal disclaimers or notes printed on boxes or packaging will become the responsibility of the Customer to read and accept, prior to use or fixing.
9.4 The supply of Goods does not mean that they are suitable for a specific installation. The Company cannot be held responsible for any failure of Products supplied. No Product is guaranteed against crazing. All Products are susceptible to impact damage and wearing and tear. The Products can wear and must be protected against grit, movement of appliances and items being dropped onto the surface. No Products are guaranteed against chipping or misuse.
10. MATERIALS, SAMPLES AND SPECIFICATIONS
10.1 The Company provides full size samples of the Goods available at discounted prices and a restriction may apply regarding the number of samples a Customer may order of one style/type/colour of Product. Upon request of a sample, the Company will inform the Customer of the charge applicable for the delivery costs depending on the size and weight of the sample.
10.2 Please note that a minimum order value for a full sample is in place and a maximum number of samples ordered per customer, please refer to the website for additional information.
10.3 As the number of the Goods per square meter and square yard is nominal, the Customer will be responsible for ensuring sufficient quantity of the Goods or Products are ordered.
10.4 All images, descriptive matter, specifications and advertising of the Products on the Website are for illustrative purposes only. Although the Company has made every effort to display the colours accurately, it cannot guarantee that the Customer’s computer display of the colours accurately reflect the colour of the Products. The Products may vary slightly from those images. Furthermore, due to the bespoke nature of some of the Products, all sizes, weights, capacities, dimensions and measurements indicated on the Website may vary. Please also note that the Goods are created in batches and some shade variation may occur between batches.
11. RETURNS AND CANCELLATIONS
11.1 If an Order has been placed by a Customer online, by email or by telephone only, the Customer may cancel its Order within 14 days of receiving the Goods. In such event, the Customer will need to be returned within 14 days of notice of their cancellation and the Company will endeavour to refund the Customer within 14 days of the Goods being returned to the Company.
11.2 In furtherance to Clause 11.1 above, the Company has absolute discretion whether it accepts Goods returned by the Customer. If Goods are returned they may only be accepted if they are full cartons only and within one month from the invoice date. Goods that are accepted as returns will be subject to a 40% restocking charge. The Customer shall be responsible for the return of the Goods and any costs involved.
11.3 In furtherance to Clause 11.1 above, if the Customer cancels the Order after despatch, but before physical delivery, the Customer will be expected to accept delivery of the Goods and take responsibility for the return of the Goods to the Company. A Full refund will be issued for the Goods and the original Delivery charge once the goods have been received and inspected by the Company and accepted as being in a resalable condition. The Company will not accept under any circumstances the cost for delivering, or re-packaging of the Goods.
11.4 Cancellations should be made either in writing, by email to firstname.lastname@example.org. The Customer does not need to give a reason, although a brief outlined explanation will help us to improve our Customer Service in the future. If the Customer decides to cancel the Order, a refund for the Goods will be issued subject to the restocking charge set out in Clause 11.2 above and to the original delivery charge, and subject to Clause 11.6 herein.
11.5 If the original packaging has been opened or is deemed by the Customer to require improvement to allow the safe return of the Goods, it is the responsibility of the Customer to complete a re-packing exercise, at their cost. The Company will not accept any costs for the re-packing of Goods under any circumstances.
11.6 Refunds for cancellations will only be processed once the Goods have arrived with the Company and have been fully inspected and deemed to be in a resalable condition. The Company reserve the right to amend the amount refunded based on the value of the resalable Goods.
12. FORCE MAJEURE
12.1 The Company shall be under no liability if it is unable to carry out any provisions of this agreement for any reason beyond its control including an Act of God, legislation, war, fire, flood, drought, inclement weather condition, failure of utilities, lock-out, strike or other action taken by employees in contemplation or furtherance of a dispute or owing to any inability to procure materials required for the performance of this agreement.
12.2 During the continuance of such contingency, the Customer may by written notice to the Company served no sooner that 30 days after the commencement of the contingency, elect to terminate this agreement, notwithstanding the Customer’s liability to pay for any work actually done and / or for any Goods supplied.
13. WARRANTY AND LIMITATION OF RESPONSIBILITY
13.1 The Company shall bear no liability for any loss or damage to property or injury to persons arising out of the performance of this contract save for any such loss, damage or injury or death caused directly and solely by the negligence of the Company or its representatives.
13.2 The Company shall not under any circumstances be liable to the Customer or any third party for any consequential loss or damage however caused.
13.3 Except for personal injury or death due to the negligence of the Company, the liability of the Company under this agreement for any reason whatsoever shall not exceed the Price paid for the Order.
13.4 The warranties of the Company do not cover, and the Company makes no warranty with respect to, any defect, failure, deficiency or error which is:
13.4.1 due to the supply of any part of the Goods or Services other than by the Company; or
13.4.2 not reported to the Company in writing within 5 days of discovery; or
13.4.3. beyond the control of the Company resulting from the provision of any additional services.
14.1 Where a Customer places an Order by telephone, email or facsimile, the Company does not accept responsibility whatsoever for the accuracy or otherwise of any bespoke drawings or dimensions provided by the Customer for the provision of bespoke Services and/or Goods. The Company is entitled to recover any loss, costs or expenses suffered as a result of any faulty drawings, errors or omissions in such bespoke drawings or dimensions.
15.1 The Company is registered under the Data Protection Act 1998 (“the Act”) and complies with the Act in all its dealings with the Customer’s personal data. If the Customer makes an enquiry by email or on the Website or request information about any Products and other services, the Customer will need to give to their personal information such as their name, email address, business or home address and telephone number. The Company will use this information only for the purposes of answering the Customer’s enquiry or sending the Customer the requested information or literature required.
15.2 The Company undertakes to use the Customer’s personal details and information only to fulfil their orders, deal with their queries, and send them information about the Company’s Products and services and for the purpose of record keeping. The Company will not release, offer or sell any personal information the Customer provides to other third parties without first seeking their permission. The Customers’ details may sometimes be shared with the Company’s contractors in order to provide the Customer with the Products and services that they have requested.
16. ENTIRE AGREEMENT
These Terms and Conditions together with the Orders to which they relate constitute the entire agreement between the Customer and the Company and supersede any prior understandings or agreements whether oral or written regarding the subject matter, and may not be amended, varied or modified except by written agreement between the parties.
If any court or any other competent authority finds that any provision of these Terms and Conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part thereof shall, to the extent required, be deemed deleted and the validity and enforceability or the other provisions shall not be affected.
18. THIRD PARTIES
The parties to this agreement do not intend that any term of the agreement shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
19. APPLICABLE LAW AND JURISDICTION
These Conditions, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
Martin Mosaic Ltd
Wimbledon art studios
10 Riverside Yard
London SW17 0BB