GRANITE ROSE LIMITED – Terms and Conditions
OUR CONTRACT WITH YOU
These are the terms and conditions on which we supply Goods and/or Services to you. They apply to all the work we carry out for you. Please ensure that you read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before you sign and return the Order. In particular, please note the terms of the conditions below under the heading “OUR LIABILITY TO YOU”.
If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.
When you sign and submit the Order to us, this does not mean we have accepted your order for Goods and/or Services. Our acceptance of the Order will take place when we confirm it with you or commence the supply of goods and/or services. If we are unable to supply you with the Goods and/or Services, we will inform you of this in writing and we will not process the Order.
The images of the Goods on our website and in our supplier’s catalogues or brochures which we may show you are for illustrative purposes only. We cannot guarantee that the pictures accurately reflect the colour or finish of the Goods. Your Goods may vary slightly from those images and we will make every effort to discuss any differences with you prior to ordering the Goods. Because many of our Goods are bespoke, all sizes, weights, capacities, dimensions and measurements indicated on our website or in catalogues or brochures may vary from the actual Goods.
CHANGES TO ORDER OR TERMS
We may revise these Terms from time to time in order to comply with changes in relevant laws and regulatory requirements. If we have to revise these Terms, we will give you at least one month’s written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in relation to any Goods or Services ordered after we give you notice. If you wish to cancel an Order before it has been fulfilled, please see your right to do so in clause on cancellation. In the case of made-to-measure Goods, unfortunately, because we make these Goods to your specific requirements, you will not be able to cancel an Order once it is made.
We may make the Goods according to the measurements you provide us. If we do so, please make sure your measurements are correct and accurate. Unfortunately, we cannot accept the return of made-to-measure Goods if the reason for the return is because you provided us with incorrect measurements. However, this will not affect your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described.
DELIVERY OF GOODS
Please note that timescales for delivery and delivery charges will vary depending on the availability of the Goods. We will contact you with an estimated delivery date. Usually, our delivery timelines are within three weeks of the order. Occasionally our delivery to you may be affected either by busy seasons or by an Event Outside our Control. In such cases, you will be promptly notified and will have to allow up to 35 days for delivery to be effected. Delivery of an Order shall be completed when we deliver the Goods to the address you gave us or you collect them from us.
If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we may deliver the Order in instalments. We will not charge you extra delivery costs for this unless we have discussed this with you first. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment. The Goods will be your responsibility from the completion of delivery or from when you collect the Goods from us. You only own the Goods once we have received payment in full.
MANUFACTURER’S GUARANTEE OF GOODS
The Goods may come with a manufacturer’s guarantee. We will notify you of any such guarantee when the Goods are delivered, and provide any relevant paperwork with the Goods. In the event that you wish to rely on a manufacturer’s guarantee, we will use our reasonable endeavours to help you rectify any problems, but ultimately the manufacturer is responsible for dealing with any issues in respect of the Goods. This guarantee is in addition to your legal rights in relation to the Goods that are faulty or not as described.
We will supply the Services to you from the date set out in our confirmation letter. We will make every effort to carry out the Services within the agreed timescales. However, there may be delays due to an Event Outside Our Control. If you do not pay us for the Services when you are supposed to, we may suspend the Services with immediate effect until you have paid us the outstanding amounts and We reserve the right to charge interest on the amount.
IF THERE IS A PROBLEM WITH THE SERVICES
In the unlikely event that you are not satisfied with the standard of the Services, please contact us and tell us as soon as reasonably possible and give us a reasonable opportunity to remedy any issues. You will not have to pay for us to remedy any issues that were within the scope of our initial agreement. If however you have additional or different requirements from the original instructions, we will assess the changes required and give you a fresh quotation for any additional goods and services. As a consumer, you have legal rights in relation to Services not carried out with reasonable skill and care.
Due to the nature of interior design services, refunds cannot be offered once the project has commenced. For the purpose of these terms, ordering of the required items and sourcing them will be within the definition of project commencement. Additionally, you should take note that you may not always be satisfied with our recommendations and ideas, but this shall not form a basis for refunds. If however you cancel an order before project commencement, full refund will be issued within 14 days of cancellation.
PRICE AND PAYMENT
The price of the Goods and/or the Services will be set out in your Order. Our prices may change at any time, but price changes will not affect Orders that we have confirmed with you, although if we agree to amended specifications this may affect the overall price.
We may reserve the right to request that you pay a non-refundable deposit, which will be a percentage of the total price of the Goods and services, when you sign and return a copy of the Order to us. Receipt of the deposit will allow us to initiate the Order. You must additionally make payment for any Goods and/or Services on receipt of an invoice from us using the email account details set out on our invoice immediately upon receiving the invoice. We reserve the discretion to divide the amount into two instalments, in which case 50% of the amount will be payable immediately, while the other 50% will be payable upon the start of the second half of the project. We reserve the right to charge you expenses which are reasonably incurred in connection with provision of the Services, including but not limited to travel expenses and site visits if applicable.
If you do not make any payment due to us by the due date for payment, we may charge interest to you on the overdue amount at the rate of 2% per month compounded from the date the payment fell due to the date of settlement in full. You must pay us interest together with any overdue amount. However, if you dispute an invoice in good faith and contact us to let us know promptly after you have received an invoice that you dispute it, this interest clause will not apply for the period of the dispute.
We will provide you with a full shopping list but we don’t offer any guarantee for availability of stock. If an item runs out of stock, we will endeavour to find an alternative item.
OUR LIABILITY TO YOU
If we are installing the Goods and/or providing Services in your property, we will make good any damage to your property caused by us in the course of installation or performance unless pre-agreed and necessary as part of the installation. We are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover in the course of installation and/or performance by us.
We usually only supply the Goods and/or Services for domestic and private use. If you require them for any commercial use please advise us clearly.
We accept no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity or normal wear and tear. The limit of our liability to you for all and any breaches of our agreement with you shall be limited to the amount you have actually paid us for Goods and Services in the preceding 12 months.
We do not exclude or limit in any way our liability for: death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; fraud or fraudulent misrepresentation; breach of the terms implied by section 12 of the Sale of Goods Act 1979 and by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession); breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 and sections 3, 4 and 5 of the Supply of Goods and Services Act 1982 (description, satisfactory quality, fitness for purpose and samples); and defective products under the Consumer Protection Act 1987, as far as we are the originators of the goods.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, failure of public or private telecommunications networks or non-performance by suppliers or sub-contractors.
If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: we will contact you as soon as reasonably possible to notify you; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. Where the Event Outside Our Control affects our performance of Services to you, we will restart the Services as soon as reasonably possible after the Event Outside Our Control is over. You may cancel the contract if an Event Outside Our Control takes place and you no longer wish us to provide the Goods and/or Services. We will only cancel the contract if the Event Outside Our Control continues for longer than 12 weeks in accordance with our cancellation rights in these Terms.
YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND
Until such time as we confirm an Order to our suppliers and/or pass over a deposit to them, you may cancel an Order for Goods by notice to us. We will confirm your cancellation in writing to you. If you cancel an Order and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you (subject to any non-refundable deposit or other contract with our suppliers)
If you cancel an Order for Services and we have already started work on your Order by that time, you will pay us any costs we reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to you or, if no refund is due to you, invoiced to you. We will tell you what these costs are when you contact us. However, where you have cancelled an Order because of our failure to comply with these Terms (except where we have been affected by an Event Outside Our Control), you do not have to make any payment to us.
Unfortunately it is too late to cancel an Order for Goods if we have already ordered the Goods from our suppliers or despatched your Goods to you. Unfortunately, as the made-to-measure Goods are made to your requirements, you will not be able to cancel your Order once initiated. Once we have begun to provide the Services to you, you may cancel the contract for the Services at any time by providing us with at least 30 calendar days’ notice in writing. Any advance payment you have made for Services that have not been provided at the point of cancellation will be refunded to you but we will deduct an amount equivalent to work already performed and goods already supplied or ordered.
If you make a cancellation to a project for which we had offered a discount, you acknowledge that you are forfeiting the discount. We will refund any amount paid less the value of the work performed in addition to any discount previously offered.
OUR RIGHTS TO CANCEL AND APPLICABLE REFUND
We may have to cancel an Order before the start date for the Services or before the Goods are delivered, due to an Event Outside Our Control or the unavailability of stock or (in the case of Services) key personnel or key materials without which we cannot provide the Services. We will promptly contact you if this happens. If we have to cancel an Order in these circumstances and you have made any payment in advance for Services that have not been provided to you, or Goods that have not been delivered to you, we will refund these amounts to you.
Where we have already started work on your Order for Services or made-to-measure Goods by the time we have to cancel under clause we will not charge you anything and you will not have to make any payment to us in relation to that element of the Order. However, if we have cancelled the order owing to your breach of this agreement or general inability to work with you due to aggressive or other inappropriate conduct, you will still be liable for our costs.
We may cancel the contract for Services at any time with immediate effect by giving you written notice if you do not pay us when you are supposed to as set out in this agreement. This does not affect our right to charge you interest as stipulated in this agreement; or if you break the contract in any other material way and you do not correct or fix the situation within 14 days of us asking you to in writing.
INFORMATION ABOUT US AND HOW TO CONTACT US
If you have any questions or if you have any complaints, please contact us by telephone: 07860 664345 or by e-mailing us at: email@example.com
If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing (for example, to cancel the contract), you can send this to us by e-mail, by hand, or by pre-paid post to the address on our invoice or the e-mail address notified to you at the time of this agreement. We will confirm receipt of this by contacting you in writing. If we have to contact you or give you notice in writing, we will do so by e-mail, by hand, or by pre-paid post to the address you provide to us in the Order.
HOW WE MAY USE YOUR PERSONAL INFORMATION
We will use the personal information you provide to us to: provide the Goods and/or Services; process your payment for such Goods and/or Services; and inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us. We will not give your personal data to any third party.
The general works, drawings, specifications and other documents prepared by us in this project are instruments of our service for use solely with respect to this project, and we shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. You will be permitted to retain copies of our drawings, specifications and other documents for information and reference in connection with this project. You however should not use these documents on other projects, or for completion of your project by other designers under any circumstances, without our prior written consent.
OTHER IMPORTANT TERMS
We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
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.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
These Terms are governed by Scots law. By signing into an agreement with us, you acknowledge to have read and understood these terms and additionally acknowledge that these Terms are legally binding against you and enforceable. You and we both agree to submit to the non-exclusive jurisdiction of the Scottish courts.