1.0 Terms and Conditions
1.1
Eden Clay is a trading style of MARQ ANDREWS Limited, a company registered in England and Wales with registration number 808557. VAT number 138431615. The registered office is located at Suite L, Radford Way, Billericay, Essex, CM12 0BZ.
2.0 Definitions
2.1
Terms: The Terms and Conditions applicable to all sales and services provided by Eden Clay (“we”, “us”, or “our”) to our customers (“you”, “your”, or “buyer”).
2.2
Product(s): Any goods sold by us.
2.3
Service: Any advice or work related to the supply and installation of your order.
2.4
Price: The cost of the Product, Products, or Service as quoted in writing.
2.5
Bespoke: Any product specifically manufactured for you.
2.6
Contract: An agreement to purchase our products or services, made either verbally or in writing.
3.0 Conditions of Sale
3.1
By agreeing to purchase, we commit to sell the Product(s) or Service at the quoted or listed Price at the time you submit your order. If there are any price discrepancies, we will notify you prior to acceptance, giving you the option to cancel.
3.2
Estimates and quotations that include installation are subject to a final site survey.
3.3
Additional work not included in our estimates or quotations will be charged accordingly.
3.4
You have the right to cancel standard and non-bespoke items within 14 days of receipt.
3.5
Cancellation without charge is possible within 48 hours from order confirmation. Cancellation of bespoke products or goods in transit after 48 hours will incur full charges.
3.6
A full refund for deposits or payments will be given for cancelled standard product orders within 14 days of receipt, with possible deductions for incurred costs such as collection and restocking.
3.7
Refunds will be issued using the original payment method.
3.8
Upon cancellation, no further claims can be made against us under that contract.
3.9
Delivered goods should be as described and fit for purpose. Returns or refunds will be provided if this is not the case, excluding:
- Fair wear and tear.
- Damage from misuse or negligence.
- Failure to follow our instructions.
- Unauthorised repairs or alterations.
4.0 Payment Terms
4.1
A 60% deposit is required at the time of purchase for the supply and installation of goods, with the balance due upon completion.
4.2
Full payment is required before the delivery of goods only.
4.3
Payment can be made via cash, cheque, debit or credit cards, or bank transfer to BARCLAYS BANK S/C 20-12-21 A/C 63317439.
4.4
Account holders must settle invoices within 30 days from the date of the invoice, unless otherwise agreed.
4.5
Failure to pay by the due date allows us to suspend or cancel orders, withdraw discounts, and charge interest on overdue amounts as defined by the Late Payment of Commercial Debts (Interest) Act 1998.
4.6
Credit terms and payment dates can be modified without notice.
4.7
Title to goods remains with us until full payment is received.
5.0 Deliveries and Collections
5.1
Deliveries occur between 8am and 6pm, Monday to Friday, excluding bank holidays.
5.2
Delivery charges are calculated per order and disclosed at checkout or upon request.
5.3
Deliveries are scheduled for agreed dates.
5.4
If delivery attempts are refused or unattended, we may leave goods at the agreed location or charge for redelivery.
5.5
If no receipt confirmation is signed, written notification from us post-delivery will serve as conclusive evidence of delivery.
5.6
Adequate storage must be provided by you for deliveries. Any delays due to inadequate storage will be charged.
5.7
Deliveries are limited to the UK unless otherwise agreed, and must match the credit/debit card holder’s address.
5.8
We are not liable for costs associated with delayed or non-delivery.
5.9
Deliveries are to the nearest safely accessible point unless otherwise arranged.
5.10
Collections are available from 9am to 5pm weekdays and until 2pm on Saturdays.
5.11
Notice of 24 hours is required for collections.
6.0 Unexpected Events
6.1
If events beyond our reasonable control prevent us from fulfilling our obligations, we may cancel or suspend our obligations without liability. You are not liable for goods not provided due to these events, and may cancel the contract if the disruption lasts more than three months.
7.0 Returns
7.1
Returns are accepted at our discretion and may incur a 25% handling fee.
7.2
Returned goods must be in original condition and complete boxes, excluding a single opened box for inspection.
7.3
Returns should be made to our warehouse unless a collection fee has been agreed upon.
7.4
In the event of unsatisfactory goods, notification must be in writing within 14 days. After this period, goods are considered accepted.
7.5
Refunds for returns are processed within 14 days of written confirmation of cancellation or return.
7.6
Bespoke and handmade products are non-returnable. This does not affect your statutory rights for damaged goods.
7.7
Products dispatched from European factories incur a 30% restocking fee and a return haulage charge of £330 + VAT per pallet for returns.
8.0 Our Products
8.1
Product images and samples are for illustrative purposes only and should not be seen as exact representations.
8.2
All specified sizes, weights, and measurements are approximate.
8.3
We cannot guarantee the exact consistency of wooden flooring products or that they will match samples over time.
8.4
You are responsible for the proper maintenance and storage of our products.
9.0 Installation
9.1
If installation is not undertaken by us, guidance is available for download.
9.2
We provide installation instructions for reference only. The installer assumes all responsibility for installation.
9.3
Installation acceptance implies acceptance of the product.
10.0 Liability
10.1
We are not liable for unforeseeable losses, losses not caused by our breach, or business losses to non-consumers.
10.2
We do not exclude liability for death, personal injury, fraud, or as statutorily required.
11.0 General
11.1
The Contract is governed by English law and subject to the exclusive jurisdiction of the English courts.
11.2
If the Buyer comprises multiple persons, each is jointly and severally liable.
11.3
If any part of the Contract is found invalid, illegal, or unenforceable, it will be amended to the minimum extent necessary, or otherwise deemed deleted.
11.4
Promotional materials do not form part of the Contract.
11.5
Notices must be signed and sent to the registered office or principal place of business by first class post or fax.
11.6
The Contract is between Eden Clay and the Buyer without third party rights.
11.7
The Contract represents the entire agreement, superseding all prior discussions or agreements.
11.8
Liability for misrepresentation is limited to contract breaches.
11.9
Contract assignments by the Buyer require our written consent; Eden Clay may assign without consent.
11.10
We reserve the right to revise these terms as needed.
International Orders
For deliveries outside the UK, please contact a member of our staff to discuss possibilities and costs. Delivery prices listed apply solely to UK-based orders. International orders may incur additional charges and are subject to our ability to deliver. Eden Clay reserves the right to cancel any international orders that cannot be fulfilled, with a full refund provided for any payments made.
