TERMS & CONDITIONS
STANDARD TERMS AND CONDITIONS FOR THE SALE OF GOODS.
- Application of Conditions
1.1 The price agreed by both the seller and the Buyer, through the medium of Liverpool Splashbacks, including the delivery charge will be the price the Buyer will pay for the Item.
1.2 These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.1 In these Conditions:-
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“The Buyer” means the person who has the winning bid or has agreed with the seller to purchase the item.
“The Contract” means the contract for the purchase and sale of the Goods under these conditions;
“These Conditions” means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed in writing between the Buyer and the Seller;
“The Delivery Date” means the date on which the Goods are to be delivered as stipulated in the listing’s Delivery information;
“The Goods” means the goods which the Seller is to supply in accordance with these Conditions;
“Month” means a calendar month;
“The Seller” means Liverpoolsplashbacks.com trading as Liverpool Glass Solutions Ltd, a company registered in England under 1249639 and includes all employees and agents of Liverpool Glass Solutions Ltd
“Writing” includes any communications effected by the message, telex, facsimile transmission, electronic mail or any comparable means.
2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statute or provision as amended, re-enacted or extended at the relevant time.
2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.
- Basis of Sale
3.1 Any typographical, clerical or other accidental errors or omissions in any listing, quotation, price list, acceptance of an offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
- Orders and Specifications
4.1 The Seller reserves the right to make any changes in the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements or, where the Goods are to be supplied to the Seller’s specification, which does not materially affect their quality or performance.
5.1 The price of the Goods shall be the price listed on liverpoolsplashbacks.com current at the date of acceptance of the Buyer’s order or such other price as may be agreed in writing by the Seller and the Buyer.
5.2 Where the Seller has quoted a price for the Goods other than in accordance with the Seller’s published price list the price quoted shall be valid for 1 day only or such lesser time as the Seller may specify.
5.3 Where any discrepancy in the price paid versus correct price to be charged be noticed before the item is dispatched Liverpool Glass Solutions Ltd reserve the right to contact the customer to explain and obtain the relevant difference. The purchaser then has the right to pay the relevant amount or cancel the order to receive a full refund, reasons for this may include, human error or I.T issues – List not exhaustive.
5.4 The price is inclusive of any applicable value added tax excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the Goods, which the Buyer shall be additionally liable to pay to the Seller.
6.1 Subject to any special terms agreed in writing between the Buyer and the Seller, the Seller shall invoice the Buyer for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Buyer.
6.2 The Buyer shall pay for all Goods in full before delivery
7.1 Delivery of the Goods shall be made by the Seller delivering the Goods to the place in the mainland United Kingdom specified in the Buyer’s order and/or the Seller’s acceptance as the location to which the Goods are to be delivered by the Seller or, if no place of delivery is so specified, by the Buyer collecting the Goods at the Seller’s premises at any time after the Seller has notified the Buyer that the Goods are ready for collection.
7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the Delivery Date upon giving reasonable notice to the Buyer.
7.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
8.1 If the Seller fails to deliver the Goods, or any of them, on the Delivery Date other than for reasons outside the Seller’s reasonable control or the Buyer’s or its carrier’s fault:-
8.1.1 if the Seller delivers the Goods at any time thereafter the Seller shall have no liability in respect of such late delivery;
9.1 The Buyer is under a duty whenever possible to inspect the Goods on delivery or on collection as the case may be.
9.2 Where the Goods cannot be examined the carriers note or such other note as appropriate shall be marked not examined or unchecked.
9.3 The Seller shall be under no liability for any damage or shortages that would be apparent on reasonable careful inspection if the terms of this clause are not complied with and, in any event, will be under no liability if a written complaint is not delivered to the Seller within 1 day of delivery detailing the alleged damage or shortage. Any claim filed after this period will be looked at on a case by case basis.
9.4 In all cases where defects or shortages complain of the Seller shall be under no liability in respect thereof unless photographic evidence is supplied, via the RMA, to the Seller before any use is made thereof or any alteration or modification is made thereto by the Buyer.
9.5 Subject to condition 9.3 and condition 9.4, the Seller shall make good any shortage in the Goods and where appropriate replace any goods damaged in transit as soon as it is reasonable to do so, but otherwise shall be under no liability whatsoever arising from such shortage or damage.
- Until payment has been made to the Seller in accordance with these Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller.
11 Defective Goods
11.1 If on delivery any of the Goods are defective in any material respect and either the Buyer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery “condition and contents unknown” the Buyer gives written notice of such defect to the Seller within three business days of such delivery, the Seller shall at its option:-
11.1.1 We will repair or replace faulty goods ‘within a reasonable time but without causing significant inconvenience.
11.2 The Seller shall be under no liability in respect of any defect arising from fair wear and tear, or any willful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration of the Goods without the Seller’s approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
11.3 Subject as expressly provided in these Conditions, and except where the Goods are sold under a consumer sale, all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
11.4 Where the Goods are sold under a consumer sale the statutory rights of the Buyer are not affected by these Conditions.
12.1 All made to measure and bespoke items have no right of cancellation or return under any circumstances.
12.2 In the unlikely event a representative of Liverpool Splashbacks request you dispose of any item for any reason, you will be expected to do at your own expense.
13.1 All Liverpool Splashbacks items come with one year warranty
13.2 Warranty will be void if any wilful damage, negligence, subjection to normal conditions, failure to follow the Seller’s instructions (whether oral or in writing), removal of plugs or any other integral parts, misuse or alteration of the Goods without the Seller’s approval, or any other act or omission on the part of the Buyer, its employees or agents or any third party.
13.3 Where a gas appliance has been fitted, whether, in domestic or commercial premises, the Seller will not honour the warranty without the written proof that the item was fitted by a qualified Gas Fitter. This will come in the form of a Gas Certificate, relevant letter or similar documentation.
- Bespoke items – All made to measure glass, or bespoke images, in summary, anything made specifically for you cannot be cancelled, returned or refunded under any circumstances.
14.1 With all glass, a tolerance of up to 3mm is standard and considered acceptable.
14.2 For images or Pictures: If you have selected a picture to be added to a piece of made to measure glass, please note the aspect, ratio and size of the image may vary slightly. For example, if your Splashback is wider than taller (landscape) it could look different than an image taller than wider (a portrait image).
14.3 If you are mixing and matching glass from our industry sized glass, and glass from our premium bespoke made to measure range, please note that just like wallpaper from B&Q different batch numbers of glass can result in very light colours seeing minor variations, this will can be evident in items ordered at different times, even if the same design.
14.4 In the highly unlikely event of your item sustaining damage in transit, or failing our stringent quality control, it may take little longer if we have to create another piece of glass to fulfill your bespoke order, however, 98% of orders take around 14 -21 working days.
14.5 In the highly unlikely event, the item that we have made especially for you reaches you with transit damage or a minor imperfection that slipped through our QC procedure we will resolve the situation by replacing the item as soon as possible. Accordingly, the conditions which you must agree on checkout relating to no right of cancellation, and consequently no refund, can be obtained under any circumstances.
14.6 Different monitor, brightness or even battery saving settings can mildly impact the colours and shades of the images you see due to the individual device settings.
14.7 Glass Standards Terms
14.7.1 Visual Distortions/imperfections Roller wave is a common type of visual distortion that may be visible in toughened glass. It is caused during the toughening process when the heated and slightly molten glass is passed over large rollers while it is cooled. As a result the glass may have a slightly waved finish to the surface. This does not affect the strength or durability of the toughened glass and is only visually detectable under certain circumstances. As a rule, the visual appearance of roller wave in glass is not classed as a glass defect. Upon inspection we will use the guidelines as detailed below whilst looking through the glass in natural light. The glass will be classed as ‘acceptable’ if the following are neither obtrusive nor bunched together:
14.7.2 Bubbles or blisters no longer than 25mm. Small holes partially or wholly enclosed by glass which normally contain air. These may be spherical or non spherical dependant on the mode or formation.
14.7.3 Fine scratches, no longer than 25mm. A long narrow surface flaw produced by a hard object which produces a perceptible depression. Minute particles no longer than 1mm. Loose manufacturing detritus that may remain within the unit after manufacture. Sleek no longer than 25mm. A fine scratch with no perceptible. Scare no longer than 25mm. A scratch which is visibly white.
14.7.4 Inclusions,Insoluble matter retained within or on the surface of the glass during manufacturer. Visual effects. Toughened and Toughened/laminated glass as used in Liverpool Splashback installations is a processed glass. It is acceptable that a small amount of distortion may be visible through such glass. Using sealed glass units increases the number of reflections which may accentuate any visible
visual distortions. In addition, metal oxide coatings such as low E coatings may produce momentary visual effects in the surface of glass. Please note this document has been produced to quantify acceptable tolerance of glass quality for manufacturer and client. Its purpose is to set a reasonable baseline on what is permissible within specific parameters.
- Statutory Rights
Please note that these Terms and Conditions do not affect your Statutory rights under the consumer rights Act 2015
Liveproolsplashbacks.com trades under license
Liverpool Glass Solutions Ltd
Unit 03 Bens Court,
Knowsley Business Park,
Company No. 12479639