Kobocrete Limited TC-1 Terms and Conditions V4 Issue Date 14.06.2023
Company Number: 08435824 (Registered in England and Wales)
VAT Number: 344 5944 79
EORI Number: GB344594479000
Registered Office Address: The Loft, Unit 11, Hunthay Business Park, Axminster, England, EX13 5RJ
Terms & Conditions
Kobocrete Limited are suppliers of concrete and outdoor living products detailed within our website www.kobocrete.co.uk supplying both Business to Customer (B2C) and Business to Business (B2B). Kobocrete Limited will be referred to as “the Company” and the consumer/purchaser/customer will be referred to as “Customer(s)” throughout our “Terms and Conditions” set out below.
ACCEPTANCE OF ORDERS: All orders are accepted by the Company subject to these conditions of sale. No quotation or estimate given by the Company gives rise to a binding contract unless an order is placed by a Customer and accepted by the Company. An order for goods placed by you, the Customer (including through our website) shall be subject to these Terms and Conditions. Quotations or estimates are valid for 30 days. These conditions incorporate all the terms agreed between the Company and a Customer and apply to the exclusion of all other terms and conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document. These terms cannot be varied except by a document signed by the Company and a Customer on or after this contract commences. The Company reserves the right to refuse any order.
CUSTOMERS AUTHORITY: Customers entering into transactions with the Company expressly warrant that they are authorised to accept and are accepting these conditions not only for themselves but also as agents for and on behalf of all the other persons who are, or may become, interested in the Company’s goods or products whether in whole or part. The Customer warrants that all details provided on the order form for the purpose of purchasing the goods are correct, that when payment is made by credit card the credit card the Customer is using is the Customer’s own and that there are sufficient funds and/or sufficient unused limit available to cover the cost of the goods.
PRICES: The prices listed on the website or quoted by the Company replace previous prices and are subject to changes without notice. Prices charged shall be prices ruling on the date of acceptance of an order.
CARRIAGE/DELIVERY: All orders will be dispatched in accordance with the Company delivery schedule by the most appropriate route. Where a Customer requires an alternative route or places an order and requires delivery outside the normal schedule the Company shall have the right to charge the entire cost of delivery, irrespective of the value of the order. Full delivery information here www.kobocrete.co.uk/delivery-information/
PAYMENT: If payment is by paypal, bank transfer, cheque, postal order, debit or credit card, the price for the goods and any associated services is payable upon order. The Customer is expected to pay the Company punctually because prompt payment is vital to, and a condition of, the contract. If payment is agreed to be by letter of credit, such letter must be irrevocable and unconditional and in terms and with a bank approved by the Company. The Company will be entitled to charge interest at 8% per annum interest above the Bank of England Base Rate on any monies outstanding after the due payment date until the amount and interest are paid in full after as well as before any judgment.
RETENTION OF TITLE: The goods will remain the property of the Company until all monies owing to the Company have been paid in full and until such time the Company grants the Customer a revocable licence to use the goods in the normal course of its business.
RISK: The risk in the goods shall pass to the Customer upon delivery being accepted by Customer.
INDEMNITY: The Company shall fully indemnify, hold harmless and defend the Company and its directors, officers, employees, agents and affiliates from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgements, costs and expenses (including but not limited to reasonable attorney’s fees and costs), whether or not involving a third party claim, which arise out of or relate to any act or omission of the Company.
FORCE MAJEURE: Deliveries against the contracts may be suspended pending any contingencies beyond the Company’s control and the Company shall not be liable for any loss or damage occasioned to be Customer thereby.
WARRANTY: The Company warrants that the goods supplied will at the time of delivery correspond to the description give by the Company. Except where the Customer is dealing as a consumer (as defined in the Unfair Contract Terms Act 1977 Section 12 and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1) all other warranties, conditions or terms relation to fitness for purpose, quality or condition of the goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
SURFACE TEXTURE AND COLOUR – ACCEPTABLE VARIATIONS: Cast stone and concrete products are variable materials which by its own nature is not entirely uniform. Besides, the hand-crafted process used to produce the products with concrete involves a complex casting process during which raw mixed materials become a solid form. Due to the nature of concrete and the hand-crafted process used in the production of the products, variations will occur in colour and surface texture.
Customer understands and agrees that these idiosyncrasies are not flaws or failure to comply with the design and specification. Rather, they are an integral part of the character of concrete and of the products’ characteristics and appeal.
Customer understands and agrees that the variations referred to in this clause include, among others: pinholes, non-structural hairline cracks, patina, efflorescence, small knock outs along the edges of the products; colour variation and different surface details throughout the products and the variations due to the characteristics of concrete and hand-crafted process. These variations will also be noted between products.
The acceptable variations also include a tolerance of +3mm to -3mm in each and all dimensions of the products as the nature of concrete and the movement and shrinkage that may occur during the casting process may alter the shape the products.
Casts may weather naturally over time and we accept no responsibility for their eventual appearance.
WITHDRAWAL OR CANCELLATION: The Customer may cancel your order any time up to the end of the fourteenth day from the date you receive the ordered goods. The Company will reimburse the Customer the total order value including Carriage Charge without delay and within 14 days from the day after the Customer informs the Company they wish to cancel the order. If the Customer has already taken delivery of the goods then the Company will reimburse the Customer within 14 days of the day the Company receives the goods back. The Company will reimburse the customer to the same payment method used to pay for the original order.
The Company reserves the right to deduct an amount from the reimbursement (or charge the customer) if the Customer has diminished the value of the goods by handling them beyond what is necessary to establish their nature, characteristics and function.
Bespoke and custom cast items made to your specification and perishable goods may not be returned.
RETURN OF THE GOODS FOLLOWING CANCELLATION: Customer may return goods which have been delivered. The Company will arrange the collection of goods from a consumer, following cancellation. The goods must be returned to the company, at your own cost (£100.00 per pallet inclusive of admin and restocking fee) and risk within 14 days of the cancellation notice. The company will agree and arrange a collection date with the Customer within 14 days of the cancellation date. Goods will need to be repackaged in a similar condition to how they were received and make every effort to package the items securely to avoid damage or injury. The product must be unused, free from damage, in saleable condition and in and in its original condition.
Bespoke and custom cast items made to your specification and perishable goods may not be returned.
DAMAGED GOODS: In the event that your order arrives damaged or faulty, we will offer an exchange or refund. Please notify us within 48 hours of delivery.
To help us to deal with damages effectively, please take the following steps:
– Please inspect the goods at the time of delivery and mark delivery as ‘Damaged’ on the driver’s paperwork. If this is impractical at the time, please mark delivery as ‘unchecked’. Our pallet deliveries will require a signature and give you the opportunity to check the delivery. Small orders sent through courier service may be posted or left in a safe place. If these goods are damaged please continue to the next step below.
– Please take photos of the damage and email to info@kobocrete.co.uk. Ideally, the photo will show the product exactly as it was delivered and packaged.
Damaged goods will be collected within a timely manner no later than 14 days after receipt of damaged delivery notification from Customer at the cost of the Company unless otherwise agreed with the Customer. In some instances the Company may request the Customer to dispose of the damaged goods and will agree to a disposal fee with the Customer.
We examine goods before leaving our premises and we accept no responsibility for damage caused by careless handling or storage on the customer’s premises or sites or through incorrect fixing.
COMPLAINT: In the event of a complaint arising under, out of, or in connection with this contract, our liability to the customer shall under no circumstances exceed the estimate or quotation price of the particular piece/s in regard to which the complaint is made.
INTELLECTUAL PROPERTY: The copyright in the material contained in this website and any trademarks and brands included in that material belongs to Kobocrete Limited.