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 or Your)” 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
When the words "writing" or "written" are used in these Terms and Condition, this includes email, fax and postal letters.
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.
Changes to Your order, see point 3. f) below.
3. Acceptance / Orders
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, a full list of the products You have ordered and all costs.
c) We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us we will confirm receipt of your order by sending an email to you at the email address you provided on Your order form. Our acceptance of your order begins at this point and brings into existence a legally binding contract between us.
d) For account holding customers the point at which we accept Your order begins when we receive and acknowledge receipt of Your Purchase Order in writing and brings into existence a legally binding contract between us.
e) If we cannot accept your order or are unable to accept your order, we will inform you of this and we will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for because a credit reference we have obtained for you does not meet our minimum requirements or because we have identified an error in the price or description of the product.
f) Changes to Your order: Any changes You wish to make to Your order must be made in writing and are subject to confirmation and acceptance by Ecomerchant in the form of a revised Ecomerchant quotation which will be sent to You by email which will include any changes in price, delivery times or anything else necessary to complete Your changed order.
Where You have sent Ecomerchant a written Purchase Order and You wish to make changes or amendments You must notify Ecomerchant in writing, acceptance will only be confirmed by Ecomerchant with a revised quotation which will be sent to You by email which will include any changes in price, delivery times or anything else necessary to complete Your changed order. It is Your responsibility to ensure that Your order is correct.
Failure to follow the written procedure as set out in this clause may make you liable for payment for Goods as described on the last Order or Purchase Order accepted by Ecomerchant from You. Special orders may be subject to time limitations for changes, once accepted. All orders and special orders are subject to Ecomerchant's cancellation terms set out in section 9) of these Terms and Conditions below.
g) 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.
h) 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.
We will deliver the goods to the address You specify for delivery on your order. It is important that this address is accurate. It is Your duty to inform us of any access problems or vehicle restrictions (such as size, height or weight of vehicle) prior to delivery. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with Your delivery instructions (unless this is caused by our negligence).
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.
Next day and timed deliveries are only available on request as cut off times vary. Please note timed deliveries are not available on all products. Any arrangement for a timed delivery must be made in writing at the time of order and will only be accepted and confirmed by Ecomerchant by inclusion on Your quotation.
Delivery dates are given as estimates ONLY and time of delivery is NOT the essence of the contract.
We will endeavour to meet any date stated for delivery unless time of delivery is expressly made essence of the contract (which must be done in writing and subject to written acceptance by Ecomerchant) in which event if delivery is late the Seller will accept the return of the goods if unused and refund their purchase price paid but shall have no further liability. In any event, Ecomerchant 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.
Goods that You wish to return as unwanted which are not incorrect, faulty or subject to clause 8 of these terms and conditions will receive a credit note calculated at a rate subject to any applicable exclusions or conditions stated in these Terms and Conditions.
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 Consumer Rights Act 2015 (replaces the Sale of Goods Act, Unfair Terms in Consumer Contracts Regulations, and the Supply of Goods and Services 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 Consumer Rights Act 2015 (replaces 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.
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 the 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.
It is further agreed that:
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 firstname.lastname@example.org 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 does not sell, lease or 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 General Data Protection Regulations 2018 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 excludes 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 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 events beyond the reasonable control of either party
To obtain a copy of these Terms and Conditions please 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