Terms & Conditions
Terms & Conditions of Sale
Definitions
- “The company” shall mean Fibrelux Limited., an entity incorporated in the UK.
- “Products”
shall mean products sold to Customers by the company. This does not
include any products purchased by a Customer from entities other than
the company. - “Customer” means the person, firm, company or
authority seeking to purchase goods from the company and includes his,
hers, its or their successors or personal representatives.
Article 1 | Application of the Terms and Conditions
- These
Terms and Conditions for Sale of Products (these “Conditions”) shall
apply to all purchase and sales contracts of Products entered into
between the company and Customers. - Subject to the application of
these Conditions, the company shall accept any offer for purchase of a
Product made by a Customer. If a Customer makes an offer to the company
to purchase a Product, it is deemed that the Customer has given consent
to the application of these Conditions and has approved of the contents
hereof without any objection. - The company may modify these
Conditions without obtaining the individual approval of the Customer,
and the Customer approves such modifications in advance.
Article 2 | Pricing & Orders
All prices displayed on this website are in pounds sterling and are correct at the time of publication. Fibrelux Ltd reserves the right to update prices at any time without prior notice.
In the unlikely event that a pricing or delivery charge error affects your order, we will contact you before processing to confirm whether you wish to proceed at the correct price or cancel for a full refund. We will not fulfil an order at an incorrect price without your explicit agreement.
Article 3 | Place of Sale
The sale of Products to Customers by the company shall take place at the
company premises.
Article 4 | Products Subject to Purchase & Sale Contract of Products
- In principle, Products to be sold by the company to Customers shall be Products in stock at the company premises.
- Although
the company provides and periodically updates information regarding the
Products in stock on its website, etc., since the availability of
Products changes constantly, the information provided may not perfectly
match the actual availability. The information provided is for reference
only, and is not intended to guarantee the availability of a Product.
Article 5 | Entering into Purchase and Sale Contract
In
principle, the purchase and sale contract between the company and the
Customer shall be deemed to enter into effect when the Customer presents
the company with the Product to be purchased and the company presents
the Customer with an invoice, unless otherwise agreed.
Article 6 | Payment of Purchase Price
- Promptly
after the purchase and sale contract enters into effect, the Customer
shall make the payment of the purchase price of the Products to the
company, by bank transfer, credit card, or other means accepted by the
company. - All prices are exclusive of Value Added Tax where applicable.
- Accounts
must be paid prior to delivery of goods or unless otherwise agreed.
Customers who delay delivery of goods will need to meet their agreed
payment terms whilst the company holds their goods for delivery.
Article 7 | Delivery and Transportation of Products
- Delivery
dates are given in good faith but any time or date named by the company
for delivery is an estimate only. Unless otherwise agreed, delivery
prices are based on normal working hours for the courier company (06:00
to 18:00 Monday to Friday). The company can accept no liability
whatsoever for any damage or loss, whether direct or consequential,
caused by any delay in delivery. Customers who fail to accept deliveries
as outlined herein will be accountable for any re-delivery and storage
charges. - The company shall be discharged from its obligation to
deliver the Products to the Customer under the purchase and sale
contract when such Products are collected by the Customer from the
company premises. - With regard to the Products delivered to the
Customer under the preceding paragraph, Customers shall be responsible
for handling the Products once in the hands of the Customer. The company
does not assume legal responsibility in cases where delivered Products
are stolen, lost, damaged, or other accidents occur while being handled
or transported by the Customer. The foregoing shall not apply to damages
arising from a cause attributable to the company. - Notwithstanding
Paragraph 2 above, in cases where the company and the Customer
separately agree on delivery to places other than the Customer’s
delivery address, the company shall complete the delivery of such
Products at the place that was agreed. The cost of delivery to the
agreed place shall be borne by the Customer. - Ownership of the
Product shall be transferred to the Customer when the delivery of the
Product is completed in accordance with Paragraphs 1 through 4 above. - In
the event that the Customer enters into a paid freight contract with a
carrier in charge of the relevant Product that has been delivered
pursuant to Paragraph 1 above, the terms of such contract shall be in
accordance with the Terms and Conditions of Carriage set forth by the
carrier. - Any and all responsibility arising in relation to the
freight contract in the preceding paragraph shall be assumed by the
carrier. The company shall not assume such responsibility. - Damaged Goods or Short Delivery
Any damage or shortages must be noted on the carrier's delivery sheet immediately at the point of delivery. Damaged items should be signed as "Damaged" and where possible refused at delivery. Written notice must be given to Fibrelux Ltd within 24 hours of receipt of goods, accompanied by photographic evidence. Failure to note damage on the courier's proof of delivery will result in no claim being possible through the haulier's insurance. All goods should therefore be unwrapped and inspected whilst the delivery driver is present.
Replacement carriage for confirmed damaged goods will be provided free of charge. Original carriage charges cannot be refunded.
Article 8 | Guarantee of the Quality of Products
- In
cases where it is revealed that there is a defect in the material or
manufacturing of the specific Products designated by the company, which
interrupts the ordinary use of the Product during the guarantee period,
Fibrelux shall provide the Customer with free repair services (which
means replacement or repair of the defective part, but not assembly). - When
making a request for the repair of the defect or replacement of the
Product as stated in Paragraph 1 above, the Customer must prove to the
company that the Product was purchased from the company, that there is a
defect in the material or manufacturing of the Product that interrupts
its ordinary use, that the Product is one of the Products designated by
the company, and that the guarantee period has not expired. Such proof
must be provided by means such as presentation by the Customer to the
company of the receipt at the time of purchase, the Product, or the
defect. Without the presentation of such proof, the company cannot
provide the Customer with repair of defects or replacement of Products.
Article 9 | Repair and Refund for Defective Product
- If
a defect (deficiency or failure) is found in the purchased Product, the
company shall provide free repair (which means repair or replacement of
the defective part, but not assembly), compensate for the value that
has dropped due to the defect, or refund the purchase price. The
specific method of dealing with the issue shall be chosen by the
company, in accordance with the nature of each case. - In
principle, if the company cannot provide replacement of the Product with
an identical or equivalent Product, the Customer is free to purchase an
identical or equivalent Product with the refunded payment, subject to
the terms of the warranty. - In cases where the company has
selected to refund the purchase price, the purchase and sale contract
between the company and the Customer shall automatically become void. In
such cases, the company shall refund the purchase price in exchange for
the return of the defective Product. The refund shall be made by
cancellation of the credit card transaction or the issuance of a Refund
in the manner that the purchase was paid by as set forth by the company.
The method of refund shall be decided by the company in accordance with
the nature of the case. - When making a request for the repair of
a defective Product or refund of the purchase price, the Customer must
prove that the Product was purchased from the company, the date of
purchase, and the existence of the defect, by presenting the receipt at
the time of purchase, the Product or defect. Without the presentation of
such proof, the company cannot provide the Customer with free repair or
refund of the purchase price. If you wish to seek a refund of the
purchase price for a Product purchased using your credit card, you (as
the credit card holder) should contact the company to arrange a suitable
agreement for transferring funds back. Proof of the credit card used,
the receipt, and personal identification must be provided.
Article 10 | Cancellation and Amendment of Your Order
- No
order placed by the Customer or an agent acting for the Customer may be
cancelled or amended unless it is specifically agreed in writing. - Return of Goods (undamaged):
Where Goods are requested to be returned, this must be done within 30
days of delivery and authorised in writing by Fibrelux Ltd.
Where the Company agrees to such return, the customer agrees to arrange
and pay for the shipping costs. Credit for returned Goods is dependent
upon their condition on arrival. The customer agrees to pay a
restocking/administration charge of 20% of the invoice value of the
goods returned. A Credit Note will be issued for 80% of the goods
returned value. Original carriage charges cannot be refunded.
Article 11 | Price Validations
- If
delivery of the goods is delayed at your request for more than 30 days
after the date named by the company for delivery, the company will be
entitled to increase the price of the goods if appropriate to the
effective price then being charged for like goods at the actual date of
delivery. - The Company reserves the right, by giving notice to
you at any time before delivery, to increase the price of goods to
reflect any increase in the cost to the company which is due to any
factor beyond the control of the company (such as but not limited to
foreign exchange fluctuation, currency regulation, alteration of duties,
significant increase in the costs of labour, transport or materials) or
which is due to any alteration in your order.
Article 12 | Exemption
- The
amount of damages to be compensated by the company for default or tort
shall be limited to the purchase price of the product, unless damage was
caused by the company’s intent or gross negligence. - Customers shall owe a duty of care to observe the following:
a.
Customer shall be responsible for the product once the product has been
delivered and signed off by the Customer as satisfactory.
b. For Products to be placed on the wall: check in advance the quality of the wall, including its strength.
c. For Products to be placed on the floor: check in advance the quality of the floor, including its strength.
d. For Products to be attached to the ceiling: check in advance the quality of the ceiling, including its strength.
Article 13 | Passing of Risk
Risk in the goods shall pass to the Customer forthwith upon the goods being loaded onto a Carrier’s vehicle for delivery.
Article 14 | Governing Law, Jurisdiction
The
contractual relationship between the company and Customer or disputes
arising between the company and the Customer, including the relationship
under these Conditions, shall be governed by the laws of the United
Kingdom.
Each provision of these Conditions shall be binding to the
extent that it is not rendered void by any compulsory provisions of law.
In the event that any of the provisions in these Conditions is held to
be void, the other provisions shall remain in effect.
Final Note
Please
read these Terms & Conditions carefully and notify us of any query
before. The Company may, at its discretion, amend, remove or add to
these without prior notice. These Terms apply to every order placed with
us and take precedence over any other Terms or Conditions placed upon
us.