SALE OF GOODS & SERVICES
These terms and conditions shall apply to all contracts for the sale of goods or supply of services by Material Concepts Ltd. to the Customer to the exclusion of all other terms and conditions including any terms and conditions which the buyer may purport to apply under any purchase order, confirmation of order or similar document.
All orders for goods or services shall be deemed to be an offer by the Customer to purchase goods or services pursuant to these conditions. Acceptance of delivery of the goods shall be deemed conclusive evidence of the Customers acceptance of these conditions. Any variation to these conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by Material Concepts Ltd.
The display of goods on the Material Concepts website amounts to an invitation to treat only and is not an offer to sell goods or products at any price indicated. No contract will be deemed to exist between the Customer and Material Concepts Ltd unless confirmation has been sent by Material Concepts and payment has cleared. Material Concepts Ltd are free to withdraw from any prospective contract prior to acceptance. This also applies in the case of any error or inaccuracy in the price and description of any goods.
PAYMENT
All orders incur a 50% deposit to be paid on order. Orders over £10,000 are only accepted and activated upon receipt by Material Concepts of at least a 50% non refundable deposit with a further 25% payment to be made prior to first fitting, delivery, pick up. Payment for the price (or the balance thereof) shall be due in full upon fitting or delivery/pick up of said goods and shall be paid in full before they are released. If payment is via Bank Transfer, Material Concepts Ltd must receive cleared funds within 7 days of final fitting, delivery or pick up.
Material Concepts Ltd reserves the right to charge interest at the rate of 4% (four per cent) per month above the Bank of England base rate, from time to time ruling on any sums payable to Material Concepts Ltd. During sale periods, 100% of funds are required to activate an order, unless specifically agreed with the Customer in writing by Material Concepts Sales staff.
PRICE & DELIVERY
All prices quoted are in Great British Pounds (GBP) and are inclusive of 20% VAT. If you are based outside the EC, VAT is not applicable to you. All quotes include standard making and labour cost for either upholstery or curtain/blind/cushions with client specified fabric. If fabric is being decided post quotation, the quote will be calculated based on a plain, single width fabric of 137cm. We are always delighted to quote for more complex design projects. Bespoke furniture & detailing such as embroidery, piping or fringing can be quoted for on request. Customers will incur an extra charge for making of a more intricate design as this will increase working hours for production.
Material Concepts Ltd will be delighted to quote for export packing, freight and insurance to any overseas destination but reserves the right, with prior agreement of the client, to charge any additional charges to the client’s credit card should the shipping charges subsequently exceed the original quotation. Payment for said shipping/export is required to be made and funds cleared prior to the release and shipping of products. Export quotes are valid for a period of 30 days. All goods are usually complete and ready within a 6 week period prior to order, however for larger or smaller projects, lead times will be confirmed with client by a member of the Material Concepts Designers.
Delivery charges within the London area for most products are charged at £30 per visit/journey, and will be confirmed with the client at point of quotation. For items that are required to be fitted or installed by a member of the Material Concepts team, the installation area should be completely clear of any debris, furniture or wet or painted material. If the fitting/installation environment is deemed by the fitter to be unsatisfactory, Material Concepts Ltd reserves the right at their discretion to refuse installation until the environment is suitable for installation. In addition, a charge will be incurred for the wasted visit and hours lost of workers time.
DAMAGE TO GOODS IN TRANSIT
Damage must be notified in writing within seven days of the date of delivery. If clients are not able to fully check products on receipt, the carrier’s documentation should be endorsed ‘unexamined’. In the event of the non-delivery of the whole or part of the consignment, the Customer must notify Material Concepts Ltd within seven days of date of dispatch. Failing such notification the Customer shall be liable for the value of the consignment in the event that the carrier will not accept any claims.
REJECTION OR NON ACCEPTANCE OF GOODS
The Customer shall return to Material Concepts at the expense of the Customer any goods ordered by him which he seeks on any ground whatsoever to reject or refuses to accept. If he shall fail to do so, the Customer shall not be entitled to reject (or refuse to accept) such goods. The Customer shall be liable for any loss of or damage to the goods taking place whilst in the possession of the Customer or in the course of their return to Material Concepts Showroom address. The return of the goods to Material Concepts shall not in itself entitle the Customer to reject them and shall not affect Material Concepts rights defined by the Consumer Transaction Restrictions on Statements Order 1976. The statutory rights of the Customer are not affected by these conditions.
CANCELLATIONS, REFUNDS & RETURNS
For sales online to private consumers via the Material Concepts Ltd website and orders taken by phone or any other distance method the Customer may, under certain circumstances, have a right to cancel under the Consumer Protection (Distance Selling) Regulations 2000. If the goods are stock items and not bespoke or specially made to order then the Customer can cancel the order and return goods to Material Concepts Ltd within 7 working days starting from the day of delivery.
Goods must be returned to Material Concepts Ltd at the Customer’s expense, be unused, unopened and undamaged. The Customer shall be responsible for any damage caused in transit during return and should ensure adequate insurance. Upon safe receipt of the goods a refund will be issued to the Customer’s account which will include the original cost of delivery. Customers wishing to return items must immediately notify us in writing by e-mail to info@materialconcepts.co.uk.
The above right to cancel does not apply to any goods made to customer’s specifications or bespoke items. Many of Material Concepts’ goods can be personalised or are bespoke so please ensure the goods ordered are suitable for your requirements.
If any items purchased, stock or bespoke, are damaged or faulty the Customer must notify us immediately so that we may investigate and attempt to remedy the situation in accordance with the Sale of Goods Act and without affecting your statutory rights. Items on sale are non refundable.
PRODUCT QUALITY
Due to the hand crafted nature of many of our products, size, colour and texture may vary slightly. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Material Concepts website, catalogues, price lists and other advertising material are intended to present a general idea of the goods described therein.
ARTISTIC INTERPRETATION.
Material Concepts reserves the right to allow its artists ‘artistic license’. The artist will always try and paint to the Customer’s requirements but exact replicas cannot always be guaranteed and are thus not grounds for non acceptance of products.
TITLE
Until Material Concepts Ltd has been paid in full for goods, property in such goods shall remain Material Concepts Ltd, although risk passes to the purchaser at time of delivery.
REPRESENTATIONS
The Customer acknowledges that his/her order is not placed with Material Concepts and that he/she has not entered into any contract with Material Concepts in reliance on any representation made by Material Concepts or on its behalf save only such representation (if any) as has been notified in writing to Material Concepts
Material Concepts Ltd as being a representation on which reliance is placed. All specifications, drawing and particulars of weights and dimensions are subject to some variations on occasion and the descriptions and illustrations contained in the Material Concepts website and other advertising material are intended to present a general idea of the goods described therein, and none of these shall form part of the contract. Material Concepts reserve the right where necessary to supply items of similar quality but differing design and appearance to that shown on the website.
STORAGE
All goods are held at our warehouse at the owners own risk. Any goods or fabrics left on our premises for a period longer than 30 days without a confirmed order will be held at the owners risk or donated to charity.
LIABILITY
Material Concepts’ liability in terms of these Conditions is in lieu of and to the exclusion of all other warranties, conditions or obligations expressed or implied whether statutory or otherwise in relation to the quality or description of the Products or their fitness for any particular purpose or in relation to sales by sample. Material Concepts’ liability (howsoever arising and including any liability for any indirect or consequential loss) shall not under any circumstances exceed the price payable to Material Concepts for the Products hereunder. The above restrictions are necessary to enable the Products to be sold at the prices specified in this agreement.
INDEMNITY
The customer shall indemnify Material Concepts against all claims for personal injury, loss or damage to property brought against Material Concepts by third parties in respect of the Products unless such injury, loss or damage is solely attributable to the negligence of Material Concepts, its employees or agents.
DEFAULT
If the Customer makes default in or commits any breach of any of the Customer’s obligations or if any distress or execution is levied upon the Customer, the Customer’s property or assets or if the Customer makes or offers to make any arrangement or composition with creditors or commits any act of bankruptcy, or if any petition or
receiving order in bankruptcy is presented or made against the Customer, or if the Customer is a limited company and any resolution or petition to wind up such company is passed or presented (otherwise than that for reconstruction or amalgamation) or if a receiver or such company’s undertaking property or assets thereof is appointed, then Material Concepts shall (without prejudice to any claim or right it might otherwise make or exercise) have the right forthwith to determine the contract by summary notice.
FORCE MAJEURE
Material Concepts will make every effort to carry out the terms of any contract entered into, but if such performance is not reasonably possible by reason of any case whatsoever beyond the reasonable control of Material Concepts and in particular but without prejudice to the generality of the foregoing:
Act of God, war (whether declared or not), sabotage, riot, explosion, governmental control, restriction or prohibition, or any other Governmental act of omission whether local or national, fire, accident, earthquake, storm, flood, epidemic, drought or other natural catastrophes, inability to obtain or shortage of equipment, suitable raw materials, components, fuel, power, or transportation, disputes with workmen, strikes or lockouts, or shortages of labour, then Material Concepts reserves the right to modify the terms of or cancel such contract without consequent liability for loss or damage so caused.
PRODUCT GUARANTEE
All Material Concepts products carry a product guarantee of 7 years from the date of purchase with the exception of claims that arise out of damage caused by the Customer. Claims need to be substantiated by photographic evidence. Material concepts will use reasonable efforts to fix any item that has been damaged as a result of a design defect and/or replace the item in question
VAT/TVA
VAT is charged and collected at the point of sale, at the UK rate of 20%, for goods being delivered to a UK address or another EC Member State. Where goods are for Export to a non EC Member State, if Material Concepts is organising the Exportation and can thus be guaranteed proof of Export then the goods can be sold ex vat. If the client is shipping their own goods then Material Concepts will refund the VAT on production of a valid VAT form. These are available at the sales desk for completion by the Customer at the time of sale. Exceptions to the above are EU/EEC clients who produce a valid VAT Registration Number.
INTELLECTUAL PROPERTY
Material Concepts shall retain the copyright and all other intellectual property rights in respect of the designs and goods to be sold, including the copyright of the designs, drawings and paintings appearing on the goods. The Customer shall not copy or reproduce in any form such goods (or parts thereof) or such designs, drawings and paintings appearing thereon (except to the extent that Material Concepts shall copy at the request of the Customer a work, the copyright of which belongs to the Customer or any other party).
In any case where the Customer shall request Material Concepts to copy or reproduce a design or other work supplied by the Customer, the Customer confirms, undertakes and warrants that the copying or reproduction of such works does not infringe copyright or other intellectual property rights of any other parties, that the Customer is lawfully entitled to commission a copy or reproduction of such work and that the Customer shall indemnify and keep indemnified Material Concepts against all losses and liabilities incurred by Material Concepts pursuant to or arising out of claims by other parties that their copyright or other intellectual property rights have been infringed by such copying or reproduction.
Where the goods are sold under a consumer transaction (as defined by the Consumer Transaction (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these conditions. The Material Concepts website and its content are copyright of Material Concepts Ltd. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than by downloading to a local hard disk extracts for your personal and non commercial use only. Distribution or commercial exploitation is not permitted without Material Concept’s consent.
GOVERNING LAW AND JURISDICTION
The contract shall be governed by the laws of England and Wales and the Customer agrees to submit to the non-exclusive jurisdiction of the English courts