Terms and Conditions of Trade and Access to and use of the tufftrade.co.uk Website
In these terms and conditions of trade the following terms shall have the following meanings:
1.1. “Company” shall mean tuffbau ltd. (tufftrade.co.uk and SteinTec are trading brands of tuffbau ltd in the UK & RoI) whose registered office is 730 London Road, West Thurrock, Grays, Essex, RM20 3NL and whose Company registration number is 4376956.
1.2. “Customer” shall mean the corporate entity firm or person to whom goods are supplied.
1.3. “Goods” shall mean any materials and services provided and quoted to the Customer by the Company.
1.4. “Contract” shall mean an order placed with the Company by the Customer who is deemed to have fully satisfied themselves as to these Terms & Conditions and to have accepted them as being fully binding. Not withstanding anything to the contrary in any terms and conditions attached to the Customers order, the terms and conditions of the Company govern any contract entered into and are deemed to be incorporated into any order placed. A contract will only be formed when the Company has accepted an order by the Customer to supply the goods. These terms and conditions cover all sales contracts between the Company and the Customer and no variation in these terms and conditions shall be permitted unless expressly agreed in writing by a director of the Company.
1.5. “Website” shall mean the tufftrade.co.uk website.
1.6. “You” shall mean the natural person accessing and viewing the website.
1.7. “Consumer” shall mean any natural person who, in contracts to which the Distance Selling Regulations and other UK and EU consumer law apply, is acting for purposes which are outside his business. It shall not apply to business customers, business account holders and business-to-business contracts.
2. Access to and the use of tufftrade.co.uk website
You must not use the website in any way for fraudulent purposes, or in connection with a criminal offence or other unlawful activity.
You must not use the tufftrade.co.uk Website to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any “spam”.
3. Copyright, trademarks and intellectual property ownership
All content included on this Website, including but not limited to, text, images, photographs, videos and logos is the property of the Company or its licensees or associates, and is protected by international copyright laws. All copyright, intellectual property rights and trademarks are owned by or licensed to the Company. SteinTec tuffbau tuffset tuffbed tuffbond tufftop tuffgrout tuffsand tuffglass tuffgrit WEISS are registered trade marks of tuffbau Ltd. or their respective owners. All rights reserved.
Except for purposes of viewing the Website such as in-browser page caching, you may not download, reproduce, copy, sell, re-sell, distribute, franchise or otherwise exploit the tufftrade.co.uk Website, or any portion thereof, without the express written permission of the Company.
You may not use frame or framing techniques to exploit any content on the tufftrade.co.uk Website. You may not use any meta text, meta tags or “hidden text” without the express written permission of the Company.
4. Changes to the Website
The Company reserves the right to modify or remove all or part of the tufftrade.co.uk Website without notice.
5. Changes to the Terms and Conditions for Access to and use of tufftrade.co.uk Website
The Company reserves the right to change the Terms and Conditions without notice. Continued access to the website is deemed to be an acceptance of any such changes.
The Company, tuffbau ltd., and its authorised agents shall securely store information provided by the Customer for the purpose of making and securely verifying financial transactions to effect the purchase and transfer of goods from the Company to the Customer and for the prevention of fraud and other illegal activities.
7.1. Unless otherwise agreed the currency of the quoted and payable prices shall be in pounds sterling.
7.2. Prices are specified exclusive of VAT unless otherwise stated.
7.3. Unless otherwise stated the Price quoted shall include packaging, insurance and delivery of goods during normal working days and normal working hours within mainland UK to the agreed location as stated in the order for goods.
7.4. Quoted prices are subject to change at any time prior to the date of delivery of goods due to conditions outside of the Company’s control, including but not limited to, currency conversation rate and haulage cost fluctuations, delivery outside normal working hours, missed deliveries, inability to unload, delivery waiting time, etc. The Company will endeavour to notify the Customer of any price increases in this respect at the time it is made aware itself.
8.1. The Customer hereby authorises the company to obtain such credit reports as it may require on the Customer and its principals, partners and directors in connection with establishing trading and credit worthiness of the Customer.
8.2. For non-credit customers, payment must be made (cleared funds) prior to goods being dispatched.
8.3. For credit customers, payment (cleared funds) is due on last day of the month after the month in which goods are delivered.
8.4. The Company may charge interest which will accrue on a daily basis at 4% above the base rate as published by Barclays Bank PLC on overdue amounts.
8.5. The Company may recover from the Customer any costs incurred in connection with recovering sums due.
8.6. The Customer will not withhold sums in connection with the default of the Company or claims of damage, loss or discrepancy against the Company.
9.1. Deliveries will be made to the delivery address stated on the order for goods.
9.2. Delivery dates and times are approximate; the Company is under no obligation to deliver on or before stated delivery dates and times. The Company is not liable for failure to deliver goods or not making goods available to collect.
9.3. Delivery is affected at the time of arrival of the delivery vehicle at the delivery address.
9.4. The Customer is responsible for unloading the delivery vehicle & shall provide all labour and equipment for unloading.
9.5. The Customer is liable for demurrage/waiting time in excess of One Hour.
9.6. If delivery vehicle access is inadequate at the delivery address the Company may deliver to the nearest accessible point or refuse to deliver and charge the Customer accordingly.
9.7. The Customer shall indemnify the Company in respect of any claim for loss or damage arising from the unloading of the goods.
10. Force Majeure
The Company shall not be liable for any failure to perform its obligations where such failure is as a result of unpredictable, unpreventable, external influences such as acts of Nature (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, Customs seizure or imposed delays, embargo, labour dispute, strike, lockout or interruption or failure of electricity [or telephone service], and the Customer will have no right to terminate this Agreement in such circumstances.
11. Passing of property/ownership
11.1. All delivered goods are the responsibility of the Customer but remain the property of the Company until all monies owed to the Company are paid in full.
11.2. The Company may enter the Customer’s site to recover goods to reclaim or resell if payment is due.
11.3. Goods stored by the Customer must be clearly identifiable as belonging to the Company until ownership has passed to the Customer.
11.4. The Customer can use or agree to sell delivered goods however, if the Customer sells goods, or uses goods in respect of a sale, the sums obtained must be set aside for payment due to the Company in respect of those goods.
12.1. The Company is only the supplier of the goods to the order specified by the client and does not offer or imply any warranty as to the suitability, quality or fitness of the goods for the purpose of their intended use by the client.
12.2. Quotations of size, dimension and weight are approximate only; it is the responsibility of the Customer to ensure that suitable quantities of goods are ordered to allow for reasonable fluctuations in measures according to the nature and application of the goods.
12.3. Samples are provided as a general guide to the characteristics of the material only. Samples may differ from the bulk of the goods delivered. The Customer is responsible for determining the quantity and time of supply of samples in order to evaluate their representation of the bulk.
13. Claims and Limitation of Liability
13.1. Damage, loss & discrepancy must be notified and detailed to the Company within 24 hrs of delivery and in writing within 7 days in any event. The Company must be allowed reasonable time to inspect affected goods before they are put to use.
13.2. Shortage of goods sold in weight must be properly weighed over a public weighbridge and respective certificates of weight produced.
13.3. The Company’s liability in respect of damage, loss & discrepancy is limited to the replacement of the goods only; no claims for consequential losses whatsoever will be entertained except in respect of death or personal injury caused by the Company’s negligence.
13.4. Any failure delay or indulgence by the Company in the exercise of its rights shall not limit or extinguish the rights or remedies available to the Company under the Contract.
13.5. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
14. Termination of Contract
Following order of goods, no cancellation by the Customer is permitted except where expressly agreed by the Company, or governed by consumer protection legislation such as the Distance Selling Act.
The Company may terminate the contract given occurrence of any of the following conditions which shall also render all amounts owing in respect of goods sold by the Company to the Customer to become immediately due and payable.
14.1. The Customer fails to make payment of any sum owing on the due date or commits any act of bankruptcy or makes any arrangements with its creditors or if any execution or distress is levied upon the goods of the Customer.
14.2. Being a body corporate shall have a receiver or administrative receiver appointed or if any petition be presented for an administration order or if any petition be presented or resolution passed for the winding up of the same (otherwise than for the purpose of a bona fide amalgamation or reconstruction) or compounds with its creditors or becomes insolvent or any step is taken to proceed to such winding up or receivership.
14.3. The Customer makes default in respect of any of its obligations under any of its contracts with the Company.
You agree to indemnify and hold the Company and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against the Company arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
You understand that you, and not the Company or its agents, are responsible for all electronic communications and content sent from your computer to us.
18. Consumers and the seven working day cooling-off period
If, within seven working days (not including weekends, bank or public holidays) upon receipt of the Goods, the Consumer is unhappy with the goods received, the Consumer may return the goods unused to the Company for a refund. The consumer will inform the Company in writing, and within seven working days upon receipt of the goods, of their decision to cancel. The Company shall, within 30 days of the receipt of the Consumer’s written intention to cancel shall reimburse the Consumer the cost of goods and the carriage paid by the Consumer when the goods were originally purchased. Unless the goods are faulty or defective in manufacture, damaged upon receipt or not as specified on the order acknowledgement, the Consumer shall be responsible for the cost of returning unwanted goods to the Company. The Consumer must take every reasonable step to ensure that the goods are returned undamaged and in a resaleable condition. The Company recommends that the Consumer use Recorded Delivery, as proof of shipping is not proof of receipt.
All contracts between the Company and the Customer shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Courts. These terms and conditions do not affect your statutory rights as a consumer.
E & O E
20. Online Dispute Resolution
A link to the EU Online Dispute Resolution Platform is available here http://ec.europa.eu/consumers/odr/
tufftrade.co.uk and SteinTec are trading brands of tuffbau Ltd – Registered No 4376956 – Registered Office: 730 London Road, West Thurrock, Grays, Essex, RM20 3NL