TERMS & CONDITIONS OF SALE
WE GUARANTEE 100% OF YOUR MONEY BACK IF THE ITEM IS NOT MADE WITH ITALIAN MARBLE, HANDMADE OR NOT AS DESCRIBED.
INDEX OF CONTENTS:
- ORDER ACCEPTANCE AND PRICE
2. CANCELLATION BY THE BUYER
3. IMAGE AND DESCRIPTION OF GOOD
6. PROPER LAW AND NOTICES
7. USE OF OUR WEBSITE
9. PASSWORD AND SECURITY AND CONFIDENTIALITY
10. INTELLECTUAL PROPERTY
11. RESTRICTIONS AND INDEMNITY
12. SUSPENSION OR CANCELLATION OF REGISTRATION
13. OUR LIABILITY
14. OTHER LIMITATIONS ON OUR LIABILITY
16. GOODS BY MANUFACTURE
In these conditions the following words have the following meanings:
“You” or “the Buyer” shall mean the person seeking to purchase the Goods from us.
“We” and “Us” and “the Company” shall mean Alberto’s Antiques (Company registration No 7449848) whose registered office is 188 Railway Arches, Grove Green Road, London E11 4AJ Tel 0208 988 9183.
“The Contract” shall mean any contract for the sale of Goods made between us and you.
“The Goods” shall mean the products, articles or things to be sold by us.
- ORDER ACCEPTANCE AND PRICE
1.1 The total cost of your order will be the price of the Goods plus any applicable delivery or Installation charge which will be specified at the time when you place your order.
All prices stipulated are exclusive of VAT.
Installation costs can increase or decrease following a site survey.
If we are sent enough pictures and information of the area where the fireplace is going to be installed, there should be no change in the installation price quoted.
1.2 All orders are accepted when payment for the goods is received and cleared and not before.
Any email or other acknowledgement of your order is merely to report that your request has been received and does not represent acceptance of your order.
1.3 We may decline to accept an order from you for any reason.
As examples only, we may decline to accept an order from you if the Goods are not available from stock or if there has been a pricing error by us on the website or in our printed literature.
A contract only comes into existence between us and you when the Goods and services are paid in full.
- CANCELLATION BY THE BUYER
2.1 To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email).
Notifications by email must be sent to the Salesperson that you have dealt with.
Notifications by post must be sent to Alberto’s Antiques, 188 Railway Arches, Grove Green Road, London E11 4AJ.
We advise you to include your order number in your notification to avoid delay. Notifications by post will only be effective following receipt by the company.
2.2 On receipt of your written cancellation notice, the request will be considered and if agreed a full refund will be made via the payment method used within 14 days.
2.3 If the order placed is on a supply only basis it is your responsibility to have engaged a suitably qualified installer and once the goods are dispatched a refund is not possible,
if an agreement is made to accept the return of the goods, the goods will need to be returned in their original packaging and in perfect condition, a 25% restocking charge will be levied and deducted from any refund due.
For the avoidance of doubt: Items received by the company in imperfect condition will not be accepted as returns and will not be eligible for refund, these goods should be collected by you at your own cost.
2.4 The right to cancel/return Goods set out above does not apply to Goods supplied to your specific specification and which have been made to order or which have been personalised nor does it apply to Goods which become mixed inseparably with other items after delivery.
2.5 Any Goods that you return to us are returned at your own risk, therefore we strongly advise you to take care when returning Goods to us by ensuring that the Goods are correctly addressed, appropriately packed, insured if necessary and that they are delivered by a reputable carrier.
Unless you are returning Goods to us because they are faulty or incorrect, you must bear the cost of returning the Goods.
- IMAGE AND DESCRIPTION OF GOODS
3.1 The appearance of our products in comparison with images of them we publish on our website may vary for reasons beyond our control and for which we cannot accept responsibility. The materials we use are natural materials, so not 2 items are the same.
3.2 The marble fireplaces are new reproductions, hand carved and hand build. This means every single piece has been finished by hand and assembled by hand, this creates slight differences in sizes and shapes, up to a few millimeters. The marble is Italian natural marble, it can have small imperfections, small air pockets, which might have been filled by glue filler, and the veining can be different. Our items are build and produced and finished to look as near exact copies of Antique fireplaces. They don’t look like brand new shiny factory, machine build, massive production fireplaces.
3.3 We will take all reasonable care to ensure that all details, descriptions and prices of Goods appearing on the website are correct at the time when the relevant information was entered onto the system.
Although we endeavour to keep information shown on the website as up-to-date as reasonably possible, the information appearing at any particular time may not always reflect the position exactly when you place an order.
4.1 You are responsible for ensuring that all Goods are paid for in full.
Payment may be made by contacting the Showroom and made by debit card or credit card. If you wish to pay by any other means, please contact us.
4.2 Goods will not be dispatched to you until you have made payment in full to include payment for the price of the Goods plus any charges for carriage and insurance and if applicable the standard cost of installation.
4.3 The Buyer shall not be entitled to withhold payment of any invoice by reason of any right or set off or any claim or dispute with the Company, whether relating to the quality or performance of the Goods or otherwise.
5.1 Any indication given by us as to the date for delivery of goods, is given as an estimate only.
No liability whatsoever is accepted by us in respect of late deliveries. Please do not commence any installation work or book tradespersons until the Goods have been received and thoroughly checked for damage or discrepancies. No item will be accepted for return if it has been installed.
5.2 Goods are subject to availability. Delay in delivery of goods is beyond our control because delivery of goods is dependent on carriers/logistics.
Delivery schedules cannot be guaranteed and any dates for delivery of Goods we indicate are approximate only.
Buyers are advised to only commit to an installation schedule, service schedule or appointment with a third party. Once the Goods have been received and checked.
We shall not be liable for any costs or other losses incurred by you, your agents or any other third party due to an installation schedule, service, booking, or any other appointment committed to by you prior to the Goods being received and checked.
5.3 We shall have no liability whatsoever for any failure to perform, or any delay in the performance of any of our obligations under the Contract arising wholly or in part by reason of any factor beyond our direct control.
5.4 Signature of any note by you or your agent, employee or representative shall be conclusive proof of delivery.
5.5 You must within 24 hours of delivery inspect the Goods and advise us of any damage for our investigation.
Similarly, if there any items missing, you must confirm quantities of Goods supplied within 24 hours of delivery.
Subsequent claims for shortages or damage will not be accepted.
Damaged goods should be photographed and submitted to email@example.com along with reason for the claim. If we do not receive any notice of an issue within 24 hours of the delivery, the delivery is deemed to have been received complete, and in good condition.
5.6 Risk of loss or damage to the Goods passes to you at the time of delivery including Goods which you have requested us to leave unattended at your requested delivery address because you are unable to take receipt of Goods and sign for the Goods.
5.7 While we will attempt to deliver during the hours requested or stated, we cannot guarantee this.
5.8 The buyer shall, in addition to the price, pay on demand all charges for storage, insurance and transport occasioned by the buyer’s failure to accept the goods on the delivery date.
- PROPER LAW AND NOTICES
6.1 All Contracts made between you and us shall be governed by English Law and shall be subject to the jurisdiction of the English Courts.
Any notice required to be given in writing under the Contract shall be given by first class post (in the case of notices to us, to Alberto’s Antiques at 188 Railway Arches, Grove Green Road, London E11 4AJ) notices by post to the company will only be effective upon receipt by the company.
- USE OF OUR WEBSITE
7.1 Access to and use of our website is entirely at your own risk. The website is provided to you for your personal use subject to these terms and conditions. By using the Website you agree to be bound by these terms and conditions which we may update and revise from time to time subject to any such changes being notified to you when access the Website. If you do not wish to accept such changes, you should not continue to use or access the Website. Continued use of the website will be taken as acceptance of such changes.
7.2 We take all reasonable steps to ensure that the website is available 24 hours a day 365 days per year. However websites do sometimes encounter downtime due to server and other technical issues or updates. Therefore, we will not be liable if the website is unavailable at any time.
7.3 You are permitted to use our website for your own purposes and to print and download material from this website provided you do not modify any content without our consent. Material on this website must not be republished online or off-line without our permission.
7.4 Any links to third-party websites located on this website are provided for your convenience only. We have not reviewed each third-party website and have no responsibility for such third party websites or their content.
7.5 If you would like to link to this website, you may do so on the basis that you do not replicate any page on this website and we do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us.
7.6 Part of our website may contain advertising and/or sponsorship material for which the provider (and not ourselves) will be responsible for ensuring legal compliance.
8.1 To register on our website you must be over 18 years of age and you must ensure that the details provided by you on registration or at any time thereafter are correct and complete. You must inform us of any changes to the information you have provided when registering by updating your details in order to facilitate effective communication with you. You warrant that the personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to the personal information by email or telephone. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
9.2 We will treat all your personal information as confidential. We will keep it securely and will fully comply with all applicable UK data protection and consumer legislation from time to time and place.
- INTELLECTUAL PROPERTY
10.1 The content of our website or printed literature is protected by copyright, trademarks, database rights and other intellectual property rights. You may retrieve and display the content of the Website on a screen, store such content in electronic form on disk but not on a server or network storage device, or print one copy for your own personal use provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, or use for commercial purposes any of the materials or content of the Website without prior written permission from the Company.
- RESTRICTIONS AND INDEMNITY
11.1 You may not use our website for any purposes other than those intended by us, purposes for which the website may NOT be used include but are not limited to:
Disseminating any unlawful, harassing, libellous, abusive, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any legal duty, or
Transmitting materials which encourage conduct which constitutes a criminal offence or otherwise breaches any applicable legal duty or
Interfering with any other person’s use or enjoyment of the Website, or
Making, transmitting or storing electronic copies of materials protected by copyright or any other applicable intellectual property rights without our written permission, or
Making commercial or non-domestic use of the Goods or Services supplied.
11.2 You agree fully to indemnify, defend and hold us harmless immediately on demand from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these terms and conditions by you or any other liabilities arising out of your use of the website or use by any other person accessing the website using your account and/or your personal information.
- OUR LIABILITY
13.1 Our website, and printed material, provides content from other sites or resources and while we try to ensure that material included is correct, reputable and of high quality, we do not make any warranties in relation to that content. If we are informed of any inaccuracies in the material, we will attempt to correct the same as soon as reasonably possible. If we are in breach of these Terms and Conditions, we will only be responsible for any losses suffered as a result and to the extent that they are foreseeable consequences to both you and us at the time you use the Website and will not include any business losses such as lost data, lost profits or business interruption.
- OTHER LIMITATIONS ON OUR LIABILITY
14.1 To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Goods. This does not affect your statutory rights as a consumer, nor does it affect your Statutory Cancellation Rights.
14.2 Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees
- GOODS BY MANUFACTURE
16.1 This clause applies where the Buyer requires Goods to be manufactured by the Seller and the Seller agrees to manufacture the Goods all subject to the provisions of this Agreement.
16.2 The Company warrants that it has the necessary skills, expertise and capabilities to manufacture the Goods in accordance with the Specification.
16.3 The Company warrants that the Goods will comply with all applicable legislation, regulations and standards.
16.4 All documentation, specifications and artwork provided by the Company to the Buyer for use on or in relation to the Goods and the packaging for the Goods (and the Intellectual Property in it) are, and shall remain, the property of the Company.
17.1 Installation of Goods is by appointment only.
17.2 Should an appointment be cancelled or postponed through no fault of the Company, a day work rate per man of £450 plus VAT (or such rate as then obtains as determined by the Company from time to time) shall be charged for any day or part thereof.
17.3 The Buyer shall, if so requested by the Company, supply to the Company any necessary or relevant data or information and the Buyer shall give or request any other Contractors to give such assistance to the Company as shall be required by the Company in the performance of the Services.
17.4 The Buyer shall ensure at all times that the Site is suitable for mechanical fixing of the Goods. All mechanical fixing of the goods will be carried out in accordance with the Company’s method statement and subject to a COSHH risk assessment.
17.5 The Buyer shall ensure that the following is provided at the Site:
(a) 110V + 240 v power
(b) Task lighting
(c) Mains water supply
(d) Waste disposal bins
17.6 The Buyer shall ensure that adequate protection of all fixtures and fittings on Site is provided prior to delivery and installation. The Company accepts no liability whatsoever for any damages where such adequate protection is not on Site.
17.7 The parties warrant that each contractor or person on site will comply with the provisions of the Health and Safety at Work Act 1974 and undertake all risk assessments and method statements as required by regulations relating to but not limited to such matters as manual handling, hazardous substances, noise and personal protective equipment.
17.8 The parties warrant that each contractor or person on site conform to the provisions of the CDM Regulations and approved Codes of Practice issued periodically by the Health and Safety Executive.
17.9 The Buyer shall indemnify the Company against any liability, damage or claim resulting from personal injury or death of any person or damage to any property of any other persons arising from the carrying out of the Works save insofar as the same result from any breach of contract, negligence or breach of statutory duty on the part of the Company.