Please read the following important terms and conditions before you buy anything on our website and check that they contain everything you want and nothing that you are not willing to agree to.
This contract sets out:
· your legal rights and responsibilities;
· our legal rights and responsibilities; and
· certain key information required by law.
In these terms:
‘we’, ‘us’ or ‘our’ means Waxman Ceramics Limited; and
‘you’ or ‘your’ means the person using our site to buy goods from us.
If you have any questions about this contract or any orders you have placed, please contact us by:
· sending an email to customerservice@waxmanceramics.co.uk; or
· calling us on 01422 652358 (our telephone lines are open 8.30am – 5pm Monday to Thursday and 8.30am – 4.15pm on Friday).
Who are we?
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We are Waxman Ceramics Limited, a company registered in England and Wales under company number: 02992383 Our registered office is at: Grove Mills, Elland, West Yorkshire, HX5 9DZ. The details of this contract will not be filed by us. Please print out or save a copy of this contract for your records as we will not save a copy for you. |
1.1 If you buy goods on our site you agree to be legally bound by this contract.
1.2 These terms and conditions apply only if you are buying goods on our site as a consumer (i.e. for purposes outside of your business, craft or profession). If you are buying goods on our site in the course of trade, our business terms and conditions apply to such purchases, which can be accessed [here].
1.3 This contract is only available in English. No other languages will apply to this contract.
1.4 When buying any goods on our site you also agree to be legally bound by:
1.4.1 our website terms and conditions;
1.4.2 extra terms which may add to, or replace some of, this contract.
1.4.3 specific terms which apply to certain goods. If you want to see these specific terms, please visit the relevant webpage for the goods. All of the above documents form part of this contract as though set out in full here.
2.1 We are required to give you certain key information before a legally binding contract between you and us is made. If you want to see this key information, please:
2.1.1 read the acknowledgement email (see clause 4.3); or
2.1.2 contact us using the contact details at the top of this page.
2.2 The key information we give you by law forms part of this contract (as though it is set out in full here).
2.3 If we have to change any key information once a legally binding contract between you and us is made, we can only do this if you agree to it.
3. Your privacy and personal information
3.1 Our Privacy Notice is available at www.waxmanceramics.co.uk/pages/privacy-notice.
3.2 Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Notice, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
4.1 Below, we set out how a legally binding contract between you and us is made.
4.2 You place an order on the site by successfully following the steps on our website and clicked on the ‘pay now’ button. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us.
4.3 When you place your order at the end of the online checkout process (e.g. when you click on the ‘pay now’ button), we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
4.4 We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.4.1 the goods are unavailable;
4.4.2 we cannot authorise your payment;
4.4.3 you are not allowed to buy the goods from us (for example, because you are under age to order the selected goods);
4.4.4 we are not allowed to sell the goods to you;
4.4.5 you have ordered too many goods; or
4.4.6 there has been a mistake on the pricing or description of the goods.
4.5 We will only accept your order when we email you to confirm this (Confirmation Email). At this point:
4.5.1 a legally binding contract will be in place between you and us; and
4.5.2 we will dispatch the goods to you.
4.6 If you are under the age of 18 you may not buy any goods from the site.
5.1 You have the right to cancel this contract within 14 days without giving any reason.
5.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
5.3 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) using the contact details at the top of this page. You may use the model cancellation form available below, but it is not obligatory.
Model cancellation form
To Waxman Ceramics :
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the sale of the following goods [*]/for the supply of the following goods [*]:
Ordered on [*]/received on [*]:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
[*] Delete as appropriate.
5.4 You can also electronically fill in and submit the model cancellation form or any other clear statement on our website. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (eg by email) without delay.
5.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.6 You do not have the right to cancel and will not be entitled to a refund in respect of any goods that are made to your specifications or which are clearly personalised unless such goods are faulty.
6.1 If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
6.2 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
6.3 We will make the reimbursement without undue delay, and not later than:
6.3.1 14 days after the day we received back from you any goods supplied; or
6.3.2 (if earlier) 14 days after the day you provide evidence that you have returned the goods; or
6.3.3 if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
6.5 We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
6.6 If you have received the goods:
6.6.1 you shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
6.6.2 you will have to bear the direct cost of returning the goods; and
6.6.3 you are only liable for any diminished value of the goods resulting from the handling, other than what is necessary to establish the nature, characteristics and functioning, of the goods.
6.7 Please note that the goods we supply are packed, sold and priced strictly on box-by-box basis. Accordingly, when you exercise your right to cancel this contract, you may only return goods in complete, unopened and undamaged boxes in the same condition in which they were delivered to you.
6.8 We do not accept, and will refuse delivery of, any returns that contain:
6.8.1 individual items removed from their original box;
6.8.2 boxes that have been opened, resealed, damaged or otherwise altered; or
6.8.3 quantities that do not constitute a full box as stated on Confirmation Email.
7.1 We use DPD and Pall-Ex to deliver our goods. For information on delivery options and costs, visit our webpage here. During the online checkout process, you will be given available delivery options to choose from. Please note that where you opt to use Pall-Ex, Pall-Ex will only deliver kerbside.
7.2 The estimated date for delivery of the goods is set out in the Confirmation Email (see clause 4.5).
7.3 If something happens which is outside of our control and affects the estimated date of delivery, we will provide you with a revised estimated date for delivery.
7.4 Delivery will take place at the address specified by you when you placed your order with us.
7.5 We cannot deliver the goods if we are unable to properly identify you. Please provide our driver with a form of ID (passport or photocard driving licence).
7.6 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days of the date of your Confirmation Email, we will:
7.7 If nobody is available to take delivery, please contact us using the contact details at the top of this page.
7.8 You are responsible for the goods once they have been delivered to the address specified by you when you placed your order with us. In other words, the risk in the goods passes to you when you take, or a third party nominated by you takes, possession of the goods.
7.9 We do not make deliveries to any addresses outside of the UK.
7.10 We may deliver your goods in instalments. If you want to see whether your goods may be delivered in this way, we will inform you by email.
8.1 We accept the following credit cards and debit cards: Visa, Mastercard and American Express. We do not accept cash or cheques. You may also use Klarna, however please note that this is subject to additional terms and conditions.
8.2 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Notice (see clause 3) or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
8.3 Your credit card or debit card will only be charged when the goods are dispatched.
8.4 All payments by credit card or debit card need to be authorised by the relevant card issuer.
8.5 If your payment is not received by us and you have already received the goods, you must:
8.5.1 pay for such goods as soon as possible and in any case within 30 days; or
8.5.2 return them to us as soon as possible and in any case within 30 days. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
8.6 If you do not pay for the goods and fail to return them in accordance with clause 8.5, we may collect the goods from you at your expense. We will try to contact you to let you know if we intend to do this.
8.7 Nothing in this clause affects your legal rights to cancel the contract during the cancellation period as set out in clauses 5 and 6.
8.8 All prices are in pounds sterling (£)(GBP) and include VAT at the applicable rate, but exclude delivery charges. For information on delivery options and costs, visit our webpage here.
9.1 You have certain legal rights in relation to the nature of goods (also known as ‘statutory rights’). The goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
9.2 We are under a legal duty to supply you with goods that are in conformity with this contract.
9.3 The packaging of the goods may be different from that shown on the site.
9.4 While we try to make sure that:
9.4.1 all weights, sizes and measurements set out on the site are as accurate as possible, there may be a small tolerance of up to 3% in such weights, sizes and measurements; and
9.4.2 the colours of our goods are displayed accurately on the site, product images are for illustrative purposes only. Although we may have made every effort to display the colours accurately we cannot guarantee that a picture accurately reflects the colour of the goods. Your goods may vary depending on the device that you use. Please note that some in some packs, the appearance of each individual tile may vary due to the design, please refer to the additional information section for further details.
9.5 Any goods sold at discount prices, as remnants or as substandard, will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
9.6 Where products are purchased from our clearance range, please note that these products may be subject to limited quantities. Before purchasing such goods, you should ensure that you purchase sufficient quantities to meet your requirements.
9.7 Please note that once the goods have been used or installed, we cannot guarantee that they will be fit for purpose and of satisfactory quality.
9.8 If we can't supply certain goods, we may need to substitute them with alternative goods of equal or better standard and value. In this case:
9.8.1 we will let you know if we intend to do this but this may not always be possible; and
9.8.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.
10.1 Your legal rights in relation to faulty goods (also known as ‘statutory rights’) are set out at the top of this page. They are a summary of some of your key rights. For more detailed information on your rights and what you should expect from us, please:
10.1.1 contact us using the contact details at the top of this page; or
10.1.2 visit the Citizens Advice website www.citizensadvice.org.uk or call 0808 223 1133.
10.2 Nothing in this contract affects your legal rights if the goods are faulty. You may also have other rights in law.
10.3 If your goods are faulty, please contact us using the contact details at the top of this page.
If this contract is ended, it will not affect our right to receive any money which you owe to us under this contract.
12. Limitation on our liability
12.1 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
12.1.1 losses that were not foreseeable to you and us when the contract was formed;
12.1.2 losses that were not caused by any breach on our part;
12.1.4 losses to non-consumers.
No one other than a party to this contract has any right to enforce any term of this contract.
14. DISPUTES
14.1 We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the goods you ordered, our service to you or any other matter, please contact us as soon as possible using the contact details set out at the top of this page. We will use our best endeavours to resolve any disputes within 7 working days.
14.2 Our Complaint Handling Policy can be accessed here [insert link].
14.3 The laws of England and Wales apply to this contract, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
14.4 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.