Terms and Conditions
MS CERAMICS LTD T/A DURAPLAST UK (Company Number 09805643) is a company registered in
England and Wales. MS CERAMICS LTD trading as DURAPLAST UK.
Returns:
Duraplast UK – Please contact DURAPLAST UK before returning
Registered office: MS CERAMICS LTD T/A DURAPLAST UK, 8 Holyhead Road, Birmingham, B21 0LT
1. Making a purchase - When you buy
from us, it's vitally important you don't schedule any installation work until
your products have arrived and have been checked. In the rare case that there
is an issue with your order, either in terms of the product or delivery, we
don't want you paying unnecessarily for a plumber or fitter. Any good plumber
or fitter should happily make a quick visit to ensure all your products are
present and correct before starting any work. The following terms and
conditions apply to all transactions on Duraplastuk.co.uk. When you place an
order, this indicates that you have accepted these terms and conditions. Please
read them carefully and print a copy for future use. Before placing an order
you will be asked to agree to these terms and conditions. If you refuse to
accept these terms and conditions, you won't be able to order any goods from
our site. We'll treat each order for goods as an offer by you to purchase the
goods subject to these terms and conditions. If you're a consumer: To order
goods through this website, you must be at least 18 years of age and accept
delivery within the UK. If you're not a consumer: You confirm that you have
authority to bind any business on whose behalf, you use this website to
purchase goods.
These terms and conditions and
any document expressly referred to in them constitute the entire agreement
between you and MS CERAMICS LTD T/A DURAPLAST UK and supersedes and
extinguishes all previous agreements, promises, assurances, warranties,
representations, and understandings between us, whether written or oral,
relating to its subject matter. You acknowledge that in entering into this
contract you do not rely on any statement, representation, assurance, or
warranty (whether made innocently or negligently) that is not set out in these
terms and conditions, or any document expressly referred to in them. You and we
agree that neither of us shall have any claim for innocent or negligent
misrepresentation based on any statement in this contract. Duraplastuk.co.uk is
an online retailer and wholesale distributor. By using this site, you agree to
these terms of use. If you don't agree to these terms, you may not use this
site. Duraplastuk.co.uk reserves the right, at any time, to modify, alter, or
update these terms of use.
2. Description of goods - All
images, descriptive matter, specifications, and advertising on our site are for
the sole purpose of giving an approximate description of the goods. All
specifications given to the customer are approximate and intended as a guide
only. We always try to ensure all product descriptions are correct but advise
customers to seek technical advice from qualified sources prior to ordering
products and any work to be carried out. While we make every effort to
reproduce the colours of the products correctly, slight variations may occur
during the print and photography process. Any such alterations are carried out
at your own risk, and the resulting alterations may mean your product guarantee
is no longer valid.
3. Payment and price - We reserve
the right to make adjustments to the price of goods stated on the website from
time to time to take account of any increase in our suppliers' prices or an
increase in any taxes or duties. The prices for the goods ordered by you will
be as quoted during the ordering process. Prices displayed are Ex Vat, the Vat
amount is given at the checkout stage. Vat will be charged at the current rate
chargeable in the UK for the time being. However, if the rate of VAT changes
between the date of your order and the date of delivery, we will adjust the VAT
you pay, unless you've already paid for the goods in full before the change in
VAT takes effect.
4. The price of the goods does not
include delivery charges. Our delivery charges are as advised to you during the
checkout process before you confirm your order. If we discover an error in the
price of the goods you've ordered, we'll contact you to inform you of this
error and give you the option of continuing to purchase the goods at the
correct price or cancelling your order. We won't process your order until we
have your instructions. If we're unable to contact you using the contact
details provided during the order process, we will treat the order as cancelled
and notify you in writing. Please note that if the pricing error is obvious and
unmistakable and could have been recognized by you as a mispricing, we don't
have to provide the goods to you at the incorrect (lower) price. We ask that
all goods be paid for on completion of order and that all funds are cleared
prior to delivery. We accept most major credit and debit cards such as Visa,
Mastercard, and Maestro. On the order, you must provide us with your exact
billing address and telephone number - the address and telephone number your
credit card bank has on file for you. Incorrect information will cause a delay
in processing your order. We accept Card Payment Methods In the event that
there is a pricing error on the website or in our printed catalogues then
Duraplastuk.co.uk will not have to honour any orders made at that price. We
only accept debit/credit card payments from cards registered to an address
within the UK.
4. Trade pricing in some cases for
presentation purposes, prices may be rounded to the nearest pound, however, all
prices will be fully detailed (including pence) in your shopping basket and in
the checkout process. Prices are presented to show your trade discount
excluding VAT. Please note your order will be billed inclusive of VAT. VAT will
be taken up front and is the trade account holder's responsibility to claim
back. You will own the goods once we have received your payment in full. We
will issue you with an electronic invoice once we have dispatched the goods to
you. Failure by us to enforce any of these terms and conditions will not affect
our right to enforce the rest of these terms and conditions. These terms and
conditions are subject to change at any time without prior notice to you.
5. Delivery information We aim to
deliver most products within 3-5 working days if possible, however, some
made-to-order items may take longer. Please be aware that all delivery dates
given are only and always provisional. Goods are subject to availability, and
delay in delivery of goods is sometimes outside of our control. All orders must
be delivered within 28 days. Certain postcode exclusions apply to this service
- please see our delivery page for details. The delivery driver will contact
you on the morning of the day of delivery to confirm your timeslot. If you have
any questions regarding your delivery, please get in contact with us.
6. If there are any items on your order that are currently out of stock, then the complete order will be delivered when these items are available unless. However, if you would like the items in stock to be delivered immediately then please contact a member of our sales team on 0121 726 3300 and they will be happy to arrange this for you. If we miss the delivery date for any goods then you may cancel your order straight away if any of the following apply: (a) we have refused to deliver the goods (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances) (c) you told us before we accepted your order that delivery within the delivery deadline was essential If you don't wish to cancel your order straight away, or don't have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we don't meet the new deadline. If you do choose to cancel your order for late delivery, you can do so for just some of the goods or all of them, unless splitting them up would significantly reduce their value. If the goods have been delivered to you, you'll have to return them to us or allow us to collect them, and we'll pay the costs of this.
After you cancel your order we'll refund any sums
you have paid to us for the cancelled goods and their delivery. If our couriers
turn up to your delivery address on your allotted day and within your allotted
timeslot but are unable to complete the delivery, we reserve the right to
charge you an additional £39.99 redelivery fee for the rearranged delivery.
7. Delivery restrictions If you live in one of the following post code areas you can place an order online with Duraplastuk.co.uk but won't be able to select a delivery date during the checkout process. Instead, you'll be contacted by phone within 10 days of placing an order online to arrange delivery. This is due to the proximity of the location and extra logistics involved: AB10-56 BT (all) FK15-21 GY (all) HS (all) IM (all) IV1-28, 30-32, 36, 40-49, 51-56, 63 JE (all) KA6, 18-30 KW (all) PA20-29, 34, 40-49, 60-78 PH17-44, 49-50 PO30-41 SA19-74 TR (all) ZE (all) Please note that deliveries to these areas may be delivered by a one-person delivery service.
Other delivery information We strongly advise you
not to book your installers or engage in any preparatory work until in full
receipt of your goods. If any item is out of stock, a Duraplastuk.co.uk sales
advisor will email or call to advise you of the expected delivery date. If your
order cannot be successfully completed due to you being unable to accept the
goods on the date agreed, then a redelivery charge may be applicable. This cost
would then be charged to you. At the point of delivery of your order, please
check your receipt and ensure that all the details are correct, whilst ensuring
none of your items are missing or incorrect. If you are in any doubt, please
contact us immediately as postal delivery changes take time and can be an
inconvenience to you.
If your item is not in stock, we will back order for you, or give you the option to cancel your order if you would rather not wait. Please ensure that all goods are checked by yourself upon delivery before signing, and any shortages or damages must be reported within 48 hours upon delivery after the stated period we reserve the right to reject any claims made. As soon as we have delivered the goods to your door, you will be responsible for them. We'll only deliver to the address on the order, and goods will not be left without a signature unless authorized by the person named on the order. From the time of receipted delivery of the goods, any loss or damage to the goods shall be at your own risk. You own the goods once we have received payment in full, including any delivery charges.
Extra Terms and conditions for
retail store, account customers and credit customers
if the Seller delivers up to and including 10% more
or less than the quantity of the Goods ordered the Buyer may not reject them.
All items are still owned by MS CERAMICS LTD T/A DURAPLAST UK until the credit balance has been cleared, for any instance if
payments are not being made on time we reserve the right to collect the goods
any invoice for any costs the company has incurred.
The Seller shall be permitted to deliver the Order in parts and each Delivery shall constitute a separate Contract and failure to deliver any one or more 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.
The buyer must pay the invoice in full by the end of the following month of invoicing. If your account has exceeded the agreed credit limit you must clear the credit amount before we release any other orders.
Faulty goods must be reported as soon as possible,
in some instances we will required proof of the fault therefore all items must
be in possession; however some items must not be dismantled until we have
confirmed the issue and authorised a replacement.
In some cases, if items have been fitted and
develop a fault and requires a engineer, we will charge £150 + Vat call out
fee, this is fully refundable once we have confirmed the issue is on our
behalf, however if the fault has occurred due to incorrect fitting/ negligence
we will not refund the engineer cost and a replacement will be chargeable at
full price.
If there is any error is pricing this must be reported within 28 days of receiving the invoice.
Order
acceptance and processing - Your order is accepted, and a contract is formed
between Duraplastuk.co.uk and you when we deliver the goods you have ordered
and not before. A contract is not formed at the point in time that payment has
been taken from you by Duraplastuk.co.uk, nor at the point in time that you
receive an email from Duraplastuk.co.uk acknowledging receipt of your order.
Until the goods are delivered, the order may not be accepted by
Duraplastuk.co.uk or may be cancelled by you. Any email or other acknowledgment
of your order is simply to report that your request has been received and will
be looked at and does not in any way represent acceptance of your order
regardless of any wording on the email. Duraplastuk.co.uk reserves the right, at
any time prior to acceptance, to refuse any order or any part of an order, or
to require further or better information to enable it to evaluate and/or
process the order. In addition, for saving and accessing order agreements, we
store the contract's content and send you the details of your order as well as
our general terms via email. You can find the terms here at all times. Details
about your recent orders can be found using your customer login.
Our
liability - Nothing in these terms limits or excludes our liability for: a)
death or personal injury caused by our negligence b) fraud or fraudulent
misrepresentation c) breach of the terms implied by section 12 of the Sale of
Goods Act 1979 (title and quiet possession) d) defective products under the
Consumer Protection Act 1987. If you are acting in the course of a business,
trade, or profession (a business user) we shall: a) under no circumstances
whatever be liable to compensate you, whether in contract, tort (including
negligence), breach of statutory duty, or otherwise, for any loss of profit, or
any indirect or consequential loss arising under or in connection with the
Contract. For the avoidance of doubt, we shall have no liability to compensate
you in relation to your use of the Website or its content whether arising in
tort (including negligence), contract, for breach of statutory duty or
otherwise, except for any refund we make under any other agreement between us
or otherwise at our discretion.