These are in addition to and do not affect your statutory rights.
“Ecomerchant (or The Seller)” shall mean Ecomerchant Natural Building Materials Limited its successors and assigns or any person acting on behalf of and with the authority of Ecomerchant Natural Building Materials Limited
“The Customer (or You)” shall mean the person or entity described as such on the invoices, application for credit, quotation, work authorisation or any other forms to which these terms and conditions apply, and shall mean any person acting on behalf of and with the authority of such person or entity.
“Goods” shall mean Goods or materials supplied by Ecomerchant to the Customer and are as described on the invoices, quotation, or any other forms as provided by Ecomerchant to the Customer.
“Price” shall mean the cost of the Goods as agreed between Ecomerchant and the Customer subject to clause 4 of this contract
Any instructions received by Ecomerchant from You for the supply of Goods and/or Your acceptance of Goods supplied by Ecomerchant shall constitute acceptance of the terms and conditions contained herein.
Where more than one Customer has entered into this agreement, they shall be jointly and severally liable for all payments of the Price.
Upon acceptance of these terms and conditions by You the terms and conditions are irrevocable and can only be amended with the written consent of Ecomerchant.
You undertake to give Ecomerchant at least fourteen (14) days’ notice of any change in Your name, address and/or any other change of Your details.
Where orders are described as ‘in stock’ this is subject to the goods remaining unsold at the time the purchase order is received, please see clause 6 for delivery terms.
a) All prices quoted are in British pounds sterling (£) and exclude Value Added Tax (VAT). Whilst we try to ensure the prices are accurate, changes beyond our control do occasionally occur. If this happens we will contact You before shipping Your order to gain Your agreement to the revised price or to amend or cancel the order.
b) You will receive a confirmation email within 24 hours of Your order being placed. This will include Your order number, our contact details and a full list of the products You have ordered
c) Every effort is taken to ensure that the information contained in this web site is correct and up to date.
d) Online colour representation is given for guidance only, and cannot be relied on due to the inherent variations in monitors. Printed colour charts are as accurate as possible, but may not exactly match actual shades because of the limitations of the printing process. The colour of paints supplied may not precisely match previously supplied samples or orders. Some unavoidable variations in colour can result from batch production, the inherent variation in mineral pigments and the variability of natural finishes.
e) Ecomerchant disclaims all warranties and representations as to the accuracy of any information contained if at any time it becomes inadvertently out of date or incomplete. Ecomerchant cannot be held responsible for any loss or damage that may arise from the use of this information.
4. Price and Payment
At Ecomerchant’s sole discretion the Price shall be either;
At Ecomerchant’s sole discretion;
Shipping costs on the website relate only to delivery within the UK mainland. International deliveries, as well as deliveries to the Scottish Highlands and Islands, N. Ireland, Isle of Wight, Isle of Man, Channel Islands and Eire incur higher carriage charges and are individually quoted. Please call for a quote and order by phone if You live in these areas. We apologise for the inconvenience. We use first and second class post, courier services, haulage companies or the pallet network selected to give You the cheapest delivery option. Any variations to standard shipping terms, for example for paints or bulk liquids, oversize or very heavy materials and all windows and doors or where You will be required to provide mechanical offload will be notified to You in writing by Ecomerchant at the time of order and will include specific and required shipping and handling information.
Where they are in stock, we will endeavour to dispatch the goods within 5 working days of receipt of order / payment. If this is not possible we will contact You. If for any reason the goods ordered are not in stock, we will contact You to let You know what delay You might experience. If this delay is unacceptable then we will offer a full refund. Delivery dates are given as estimates ONLY. We will endeavour to meet any date stated for delivery. We will not be liable for any losses, costs, damages or expenses incurred by You or any third party arising directly or indirectly out of any failure to meet any stated delivery date.
7. Faulty or incorrect goods
If any goods arrive faulty or not as ordered then please inform us by telephone or email as soon as possible. This must be no later than 7 days from receipt of goods. We will then contact You to make arrangements for the goods to be returned and replaced.
We would advise You to obtain a certificate of posting for goods which are returned to us. The faulty goods will be collected within 14 days of the day after receipt. The goods will be replaced or the cost of goods and carriage will be refunded at Your discretion. Any refund will be paid within 30 days of agreeing to do so. Goods must be returned in good, saleable condition.
Ecomerchant’s sole liability for defective or damaged Goods shall be to repair or replace at its option the Goods or relevant part.
Except for death or personal injury caused by the Seller, the Seller shall not be liable for any consequential loss or damage, costs or expenses of whatever nature which arise from the supply of Goods or their use or resale unless expressly provided in these Conditions.
8. Goods Damaged in Transit
On rare occasions goods may be damaged in transit in which case the following procedure must be followed to ensure Your rights under the Sale of Goods Act 1979 (as amended) are maintained, failure to follow this procedure may result in any claim being rejected by us. We insure our goods in transit risk transfers to You (the Customer) on completion of delivery when the goods are signed for; in order to process a claim for damage in transit successfully the following procedure must be followed;
If goods are damaged You must confirm this in writing on the delivery note at the time of delivery. Do not accept damaged goods without doing this, evidence will be required to prove the damage was caused in transit and not subsequently:
No claims for damaged goods will be accepted once You have signed for the order unless:-
Damaged goods that are reported to us at the time of delivery with supporting evidence as described above will be replaced at no cost to You, (the Customer) inclusive of carriage charge for replacement product.
Your rights under the Sale of Goods Act 1979 (as amended) to reject defective or damaged Goods will be lost if:-
We may, at our discretion, accept or reject the cancellation of any contract or the return of any goods not required for credit or refund. Any such cancellation or return shall be on such terms as we specify and in particular we may charge You a handling fee plus a re-stocking charge of 35% of the cost of the goods plus any freight and may include additional costs incurred on cancelled orders.
PLEASE NOTE: Special orders, non-stock items, and items which are liable to deteriorate or expire rapidly and all natural insulation products will not be accepted for return.
Where You are a “consumer” under a “distance contract” (both as defined in the Consumer Protection (Distance Selling) Regulations 2000) You may cancel a contract within seven working days after the date the goods are delivered. You must return the goods to the location from which they were delivered or request us to collect the goods, at Your cost. You have a right to cancel Your order, but this must be done in writing either by email, fax or letter. You should tell us exactly which products You would like to return, quoting the invoice number concerned. Cancellation by telephone cannot be accepted. Exclusions may apply.
Returns will only be accepted provided that:
All monies which You paid to us for the returned goods, excluding the original cost of delivery to You will be repaid to You within 30 days. Refunds are dependent on goods being returned by You fit for resale, undamaged and in original packaging to the specified stocking location.
We reserve the right to make a re-stocking charge for any good returned at our discretion. This charge will be made after the goods have been returned in satisfactory condition for re-sale (see conditions above) and will be applied before any refund. Re-stocking charges can vary You will be advised in writing at the time of request.
If any goods are defective due to poor workmanship or material, we shall (at our option) repair or replace such goods (or the defective part) or refund the price of such defective goods at the pro rata contract rate provided that:
Our entire liability for defective goods is set out in this section and in particular we shall not be responsible for either the cost of removing the goods from any place where they are installed or fixed (or making good the place after removal) or for the cost of installing or fixing any repaired or replacement goods unless due to our defective service.
On request, we will provide information about any manufacturer’s guarantee offered and available to You in respect of the goods but we are not legally responsible for any obligation under manufacturer’s guarantees.
Save as expressly set out in these terms, all warranties and other terms implied by statute or common law (save for the term implied as to title) are, to the fullest extent permitted by law, excluded from the contract.
Our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price.
We shall not be liable to You for any pure economic loss, loss of profit, loss of business, depletion of goodwill or loss of anticipated savings, in each case whether direct, indirect or consequential, or any other indirect losses whatsoever and howsoever caused.
Nothing in these terms excludes or limits our liability for
Where goods are manufactured in compliance with any designs, specifications or drawings supplied by You or Your customer, You shall indemnify us against all proceedings, costs, claims, losses or demands in respect of any infringement or alleged infringement of any intellectual property rights whatsoever of third parties in any part of the world.
It is the intention of Ecomerchant and agreed by You that ownership of the Goods shall not pass until:
Receipt by Ecomerchant of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Ecomerchant’s ownership or rights in respect of the Goods shall continue.
Storage: Ecomerchant will normally dispatch goods within 5 working days subject to the terms described herein, on request facilities can be provided.
If You wish to order Goods but delay delivery and only if the Goods are paid for in full, or where acceptance of the order is agreed in writing by Ecomerchant, Ecomerchant will store Goods for You at your request for an agreed fee. This arrangement MUST be agreed in writing by both parties. Failure to pay the fee or agree the storage arrangement in writing will mean that title of the Goods remains with Ecomerchant and NOT with You and may be subject to re-sale without prior notice. We specifically draw Your attention to clauses 6 & 9 of these terms which apply to goods kept in store for you, please ensure You have read and understood these clauses.
It is further agreed that:
a) Where practicable the Goods shall be kept separate and identifiable until Ecomerchant shall have received payment and all other obligations of the Customer are met; and
b) Until such time as ownership of the Goods shall pass from Ecomerchant to You Ecomerchant may give notice in writing to You to return the Goods or any of them to Ecomerchant.
c) Upon such notice Your rights as the Customer to obtain ownership or any other interest in the Goods shall cease; and
d) Ecomerchant shall have the right of stopping the Goods in transit whether or not delivery has been made; and
e) You are only a bailee of the Goods and until such time as Ecomerchant has received payment in full for the Goods then You shall hold any proceeds from the sale or disposal of the Goods on trust for Ecomerchant; and
d) You shall not deal with the money of Ecomerchant in any way which may be adverse to Ecomerchant; and
e) You shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Ecomerchant; and
f) Ecomerchant can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to You; and
g) Until such time that ownership in the Goods passes to You, if the Goods are converted into other products, the parties agree that Ecomerchant will be the owner of the end products.
You hereby disclaim any right to rescind, or cancel the contract or to sue for damages or to claim restitution arising out of any misrepresentation made to You by Ecomerchant and You acknowledge that the Goods are bought relying solely upon Your skill and judgment.
12. Complaints Procedure
We endeavour to respond to all complaints within 5 working days. Please email email@example.com or call us on 01793 847 444. If for any reason we cannot resolve Your complaint immediately we will advise You on how long we expect it will take and keep You fully informed throughout the process.
Ecomerchant do not sell, lease nor disclose customer data to third parties without consent. Your order data is sent encrypted (using TLS) to Sage Pay upon checkout for order fulfilment purposes and is not disclosed by Sage Pay to any third parties. Companies or individuals applying for trade accounts may be subject to checks by credit reference agencies. Ecomerchant complies with the Data Protection Act 1998 and the Copyright Directive 2001 and takes all additional steps necessary to protect Your personal data from loss, theft, destruction or misuse.
Ecomerchant uses Rapid Secure Sockets Layer (SSL) software, which encrypts information You input.
The Website may include third-party advertising and links to other websites. We do not provide any personally identifiable customer Personal Data to these advertisers or third-party websites.
Ecomerchant exclude all liability for loss that You may incur when using these third party websites.
All website content, including but not limited to: text, images, electronic documents and source code, are copyright. Permission is given to save and print a copy of any portion of the website for the purpose of aiding order placement and/or as a shopping aid provided the use of any such material is restricted to Your personal, non-commercial use. Any reproduction, reverse-engineering (including de-compilation or disassembly), distribution or republication of any portion of this website outside of the above provisions is strictly prohibited. Ecomerchant will actively pursue any persons, websites, companies or other such culpable entities suspected of infringing upon its copyright.
All literature, samples, specifications, dimensions and weights submitted with the any quotation are approximate only and the data and descriptions contained in catalogues and other advertising material while being as accurate as possible may not necessarily be identical with products and services supplied, Ecomerchant reserves the right to supply products that have minor modifications in specifications as it sees fit.
The descriptions, illustrations and performances contained in catalogues, other advertising material and price lists do not form part of the contract of sale of the products.
Each clause of this contract is severable and distinct from the others. If any provision of these terms and conditions is or becomes invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
These terms and conditions and any contract to which they apply shall be governed by the laws of Great Britain and are subject to the jurisdiction of the courts of Great Britain.
Ecomerchant shall be under no liability whatever to You for any indirect loss and/or expense (including loss of profit) suffered by You arising out of a breach by Ecomerchant of these terms and conditions. In the event of any breach of this contract by Ecomerchant the remedies of You shall be limited to damages. Under no circumstances shall the liability of Ecomerchant exceed the Price of the Goods.
You shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to You by Ecomerchant.
Ecomerchant may license or sub-contract all or any part of its rights and obligations without Your consent.
Ecomerchant reserves the right to review these terms and conditions at any time.
Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of either party
You can download a copy of these Terms and Conditions below or send us Your name and address and we will post or email a copy to You.
Ecomerchant Natural Building Materials Ltd Registered Office: Garner Street Business Centre,
Garner Street Stoke on Trent ST4 7BH
Telephone: 01793 847 444 Registered in England. Company No. 08638873