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RBIS PROPERTIES LIMITED T/A LOCAL FLOORING AND TILES – TERMS AND CONDITIONS FOR THE SUPPLY AND INSTALLATION OF GOODS

  1. OUR TERMS
    • These are the terms and conditions on which we build, supply and install products including but not limited to tiles, flooring, and bathroom and kitchen units (“Projects”).
    • These terms and conditions govern sales to consumers as well as business-to-business transactions.
  2. INFORMATION ABOUT US
    • We are RBIS Properties Limited (T/A Local Flooring and Tiles), a company registered in England and Wales. Our company registration number is 08869836, our registered office is at Llys Y Werydd, Aberporth, Cardigan, SA43 2HX, and our showroom is located at Parc Yr Ysgol, Blaenporth, Cardigan, Ceredigion, West Wales, SA43 2BA.
    • When we use the words “writing” or “written” in these terms, this includes emails, text message and WhatsApp messages.
  3. PROJECTS AND OUR CONTRACT WITH YOU
    • You may make an initial enquiry in relation to a potential Project by phone, online or by visiting our showroom.
    • Following your enquiry, we will conduct a site survey and following this site survey we will issue a cost estimate for the Project (“Estimate”). If required this can include the costs of all parts, components and materials (collectively the “Products”) and the work involved in fitting or installing them pursuant to the Project (“Services”), including work undertaken by our Partners (defined below).
    • Following receipt of the Estimate you may proceed with the Project by confirming in writing that you wish to proceed, and this written confirm shall hereinafter be referred to as the “Order”.  
    • Our acceptance of your Order will take place when we tell you that we are able to provide you with the Products and/or Services, at which point a contract will come into existence between you and us, incorporating these terms and conditions.
    • Before we commence work on any Projects you will be required to pay a prepayment/deposit on any full kitchen and bathroom Projects. If necessary we may conduct a “Pre-start Visit” where our staff, and any third- party tradesperson who we subcontract to work on the Project (hereinafter a “Partner”) will attend to undertake necessary assessments in advance such as taking measurements, for example. You accept that if a Pre-start Visit is necessary, your failure to accommodate such a visit may delay the Project. Following receipt of the prepayment/deposit (in cases of full kitchen or bathroom Projects), and the Pre-start Visit (if applicable) we shall issue a “Schedule of Works” setting out the details Services that shall be performed pursuant to the Project. Following the receipt of your initial prepayment/deposit on flooring and carpet fits you will receive written confirmation setting out an installation date with details of who is fitting your Project. This will include estimated timescales and also details of any pre-work that needs to be carried out prior to commencement.
  4. PRODUCTS
    • The images of the Products on our website, social media and brochures are for illustrative purposes only. Products may vary slightly from those images and any computer aided designs provided.
    • If we are making the Product to measurements that you have given us, you are responsible for ensuring that these measurements are correct. If you provide incorrect measurements (unless clause 3 applies) you will not be entitled to a refund.
    • The Products will be your responsibility as soon as you take possession of them.
    • You own the Products once we have received payment in full.
  5. SERVICES
    • We shall supply the Services as specified in the Estimate, written confirmation or Schedule of Works.
    • You are required to prepare your premises for the performance of the Services, including the removal of furniture to allow our access. We will not be liable for any delay in the performance of the Services which is caused by your failure to prepare your premises for the performance of the Services. Any additional costs incurred due to this will be passed onto you. If we have to arrange for additional personnel to move furniture or similar at short notice, you will be charged at our emergency day rates.
    • We shall use all reasonable endeavours to meet any performance dates specified in the Estimate, but any such dates shall be estimates only and time shall not be of the essence for the performance of the Services or the completion of the Project.
    • We reserve the right to amend the Services if necessary to comply with any applicable law or regulatory requirement, or if the amendment will not materially affect the nature or quality of the Services.
    • We warrant that we will perform the Services using reasonable care and skill.
    • We are not responsible for the work of any Partners, and if you are not satisfied with any aspect of the Services which has been performed by a Partner, then you are required to raise the matter directly with that Partner.
    • In the event that a Partner is scheduled to attend your property/premises to fit a Product, and you cancel a visit or do not provide the Partner with access to your property/premises, you shall be required to pay 20% of the Partner’s fees for the work that could not be undertaken.  
  6. OUR RIGHTS TO MAKE CHANGES

We may change the Products or Services to reflect changes in relevant laws and regulatory requirements.

  1. OUR RIGHTS TO END THE CONTRACT
    • We may end the contract for Product/Services at any time by writing to you if:
      • you do not make any payment to us or we are unable to collect payment from you when it is due and you still do not make payment within 14 days of us reminding you that payment is due; or
      • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Products/Services; or
      • you are in breach of clause 2.
    • If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for Products we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract.
  2. RETURNS AND REFUNDS
    • Where you are a consumer (not a business customer) and 1) you have placed your Order online or over the phone; and 2) we have not visited your premises; and 3) you have not had an opportunity to see the Products in person, you shall, for a period of no more than 14 days from the date you receive the Products, be entitled to cancel the Order, return the Products (at your own expense), and receive a refund of any other monies paid. Returned Products must be unused and unaltered to qualify for a refund under this clause 1. For the avoidance of doubt, this clause 8.1 does not apply to business-to-business sales of Products.
    • If you have any questions or complaints about the Products, please contact us immediately.
    • If a Product that we supply is faulty we shall at our discretion undertake a repair or issue a full refund. If you wish to exercise your legal rights to reject Products you must return them in person (at your own expense). If you return a Product more than six (6) months after receiving it, you will be required to demonstrate that it was faulty when you received it.
    • You will not be eligible for a refund pursuant to clause 3 if you: (1) knew an item was faulty when you bought it; or (2) damaged the Product by trying to repair it.
    • Clause 1 does not apply to Products which are special orders, made to order, ‘made to measure’, custom made, or bespoke, and these cannot be returned, and will not be refunded, unless they are faulty. Any refunds for faulty Products are subject to clause 8.4.
    • Clause 1 does not apply to Products which have been installed, fitted, consumed, or combined with other products or materials.
    • In cases where Products are returned pursuant to clause 1, a restocking fee equal to 10% of the purchase price of the Product will be deducted from your refund.
    • Unless clause 1 applies, we do not accept changes to Orders, and unless clauses 8.1 or 8.3 apply, Products cannot be returned or refunded.
  3. PRODUCT WARRANTIES
    • You understand that in some cases, Products installed pursuant to the Services (predominantly appliances and devices) have an individual manufacturer’s warranty given to the end customer as supplied with the instruction manual, and you accept that you are responsible for registering the warranties of each of these Products as applicable, and you acknowledge that failure to do so may prevent you from making a warranty claim in the event that a device or appliance is faulty.
    • You accept and agree that it is your responsibility to ensure that you are familiar with, and abide by, any conditions that apply to any Product’s warranty, including but not limited to any specified servicing intervals for example, and you accept and acknowledge that your failure to abide by any such conditions may deem the warranty void.
    • In the event that a Product fails to comply with a manufacturers warranty, it is your responsibility to liaise with the manufacturer to pursue a warranty claim.
  4. PRICE AND PAYMENT
    • The price of the Products/Services (which includes VAT) and the completion of the Project will be the price set out in the Estimate (“Project Price”). Any unanticipated costs which exceed the Estimate shall be charged at our standard rates, and will be explained and discussed with you as soon as practicably possible.
    • The Project Price is the total cost for the Products and Services which together are the Project.
    • Upon placing an Order, you will be required to pay 50% of the Project Price. The balance of Project Price shall be invoiced immediately before the commencement of Services, and the Services shall not commence until the invoice is paid in full and cleared funds.  
    • If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (where you are a consumer) or 8% (in business-to-business sales) a year above the base lending rate of the Bank of England from time to time.
    • If you think an invoice is incorrect please contact us promptly to let us know.
    • Subject to clause 5 and notwithstanding clause 10.3, all ‘made to measure’, custom made, or bespoke Products must be paid for in full at the time the Order is placed, and this is non-refundable, and no exceptions will be made.
    • If you do not pay us for the Products/Services when you are supposed to and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of any further Products/Services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the Products. We will not suspend the Products where you dispute the unpaid invoice (see clause 5). As well as suspending the Products we can also charge you interest on your overdue payments (see clause 10.4).
  5. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
    • If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but, except as set out in clause 2, we are not responsible for any loss or damage that is not foreseeable.
    • We make no attempt to avoid liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.
    • Subject to clause 2, our total liability to you shall not exceed a sum equal to the Project Price.
    • If you use the Products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  6. HOW WE MAY USE YOUR PERSONAL INFORMATION

Your personal information shall only be used in accordance with data protection law.

  1. OTHER IMPORTANT TERMS
    • The contract is between you and us. No other person shall have any rights to enforce any of its terms.
    • Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
    • If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
    • These terms are governed by the laws of England and Wales, and you can bring legal proceedings in respect of the Products/Services in the English and Welsh courts.