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Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, just phone us on 02077397162.
These Terms and Conditions will apply to the purchase of the services and goods by you (the Customer or you). We are City Plumbing LTD of 51-55 Kingsland Road, Bethnal Green, London, E2 8AG with email address email@example.com; telephone number 02077397162; (the Supplier or us or we).
These are the terms on which we sell all Services to you. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Services and Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
Contract means the legally-binding agreement between you and us for the supply of the Services;
Delivery Location means the Supplier's premises or other location where the Services are to be supplied, as set out in the Order;
Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
Goods means any goods that we supply to you with the Services, of the number and description as set out in the Order;
Order means the Customer's order for the Services from the Supplier as submitted following the step by step process set out on the Website;
Services means the services advertised on the Website, including any Goods, of the number and description set out in the Order;
Website means our website www.thirdpole.net on which the Services are advertised.
1. Conditions Applicable
These Conditions shall apply to and govern all contracts for the sale of goods entered into by the Company. All conditions of the Customer or other terms and conditions whether communicated before or after these Conditions are excluded unless expressly accepted by the Company in writing, and these Conditions shall be deemed to be incorporated in any quotation received from the Company, and the Customer’s own conditions shall not be regarded as a counter offer.
Except as expressly stated in writing, the Company makes no representation as to the fitness of purpose or suitability of any goods sold for any purposes whatsoever. The Customer acknowledges that neither the Company nor its employees have any professional or medical qualifications to advice as to fitness for purpose or suitability. The Customer acknowledges that no representatives have been made by the Company other than those incorporated in the Company’s catalogue, quotation and these Conditions and that goods have been selected and ordered by the Customer using his own skill and judgment.
a) A quotation by the Company shall not constitute an offer and there shall be no binding contract until the company has accepted the order by fulfilling the order. A quotation shall be valid only for the period stated, and if no period is stated, for 30 days from the date of quotation.
b) The Company reserves the right to alter any specification or any goods and to withdraw the availability of any goods without notification.
c) Unless otherwise specifically stated, all prices quoted by the Company are exclusive of Value Added Tax, which shall be due at the retain force on the date of the Company’s invoice to the Customer. Additional carriage charges will be levied on certain bulky items delivered in Scotland and Offshore Islands.
a) The seller’s policy is to dispatch goods within 24 hours of receiving an order; however this can vary subject to stock availability. Times quoted are in good faith, but shall not be binding. The seller can accept no responsibility for transport delays causing late delivery. Some furniture orders may take up to 6 to 8 weeks for delivery, or up to 12 weeks for special order items. Extra handling charge may be incurred for re-dispatched parcels.
b) Free delivery on all orders over £100 net. Orders under £100 incur £5.99 carriage charge. Orders before noon are dispatched same day. Additional carriage charges may apply to offshore islands.
5. Cancellation and Variation
No cancellation, suspension or variation by the Customer of any order submitted to the Company shall be valid unless agreed by the Company in writing. The Company reserves the right to levy a cancellation or amendment charge as a condition of their agreement.
6. The Price and Payment
a) All prices shown in this catalogue exclude VAT.
b) The price to be paid by the Customer shall be the sum[s] shown by the Company’s invoices[s]. This shall be based on the sum quoted to the Customer, but in any event the Company reserves the right to amend the price of goods at any time without notice.
c) Our pharmaceutical range is excluded from price match promise.
d) We require an evidence of the lower price (this may be a website, flyer, catalogue, advertisement or banner etc.
e) For account customers, payment of the price and VAT shall be due within 30 days of the date of the Company’s invoice unless a different time for payment is specifically agreed between the parties in writing. Time for payment must be made without set-off or credit.
f) Customers without credit accounts are required to tender full payment with their order for goods. Payments are accepted by cheque or bank transfer.
g) Please ask for carriage charges on the following items; portable, hydraulic and electric couches, large chairs, reception desks and other large and heavy furniture items.
h) If the customer is in default in paying any sum as and when it becomes due, the company shall have the right to suspend all further deliveries until the default is made good and/or to cancel the contract so far as any goods remain to be delivered there under.
i) In the event that the customer fail to pay any moneys by the due date, all moneys payable by the Customer shall become immediately due and payable. The Company shall be entitled to charge interest on outstanding moneys both before and after Judgment from the due date to the date of actual payment at the rate of 3% above the base rate per month without prejudice of recovery. Where the circumstances of the parties are such that the Late Payment of Commercial Debts Act 1998 is applicable, the Company may choose to charge interest at the maximum rate permissible under that Act. The customer shall also indemnify the company against expenditure on all costs of recovery including without limitation legal fees, costs and disbursements reasonably incurred. Any banking charges incurred by the company in respect of dishonored cheques will be payable by the customer.
7. Title and Risk
a) The risk in goods sold to the Customer shall pass to the Customer upon tender for delivery.
b) Title in the goods or any part thereof shall only pass to the Customer when payment in full for all goods whatsoever supplied by the Company has been made.
8. Restriction of Liability
1. All goods must be checked by the Customer at the time of delivery as signature of a consignment note without endorsement may constitute acceptance.
2. In the event that the customer is not satisfied with the goods, but the goods are not defective within the meaning of the Sale of Goods Act 1979 [as amended], the company reserves the return of the goods in their absolute discretion.
3. If goods are accepted for return, acceptance is subject to the customer accepting and pursuing the following procedure and conditions:
a) The customer must telephone the Company’s Customer Service Team on 0800 652 7262 and advise the reason for their dissatisfaction;
b) No later than 7 days from the date of delivery, the intention to seek a return of the goods must be confirmed in writing to the company;
c) The Company will provide a Returns Note which must be used to accompany the goods;
d) Goods must be returned in their original condition & packaging and must be accompanied by a copy of the original invoice.
e) It is at the discretion of City Plumbing LTD as to how the goods are to be returned, if City Plumbing LTD is at fault we will organize the return of the product. If it is an error of the customer, it is their responsibility to organize the return.
f) Items which are stock items may or may not be credited at the companies’ discretion, but under no circumstances will credit be given on non stock items, e.g. Bags, Furniture, Fridges, Lighting and other large equipments, unless agreed by City Plumbing LTD and the suppliers.
g) Goods received back in a non saleable condition and without an RGA will not be credited.
h) The Company reserves the right to raise a 15% handling charge or restocking fee but in some circumstances this may be higher up to 40% or more as agreed with suppliers.
i) Under no circumstances will goods be accepted for return if they are damaged, subject to improper handling or abuse, have been partly opened or used or the seals and labels have been removed or tampered with.
j) The Company accepts no responsibility for goods lost or damaged during returned transit.
4. In the event that an item is defective within the meaning of the Sale of Goods Act 1979 [as amended] the Company reserves the right to replace or repair the goods as an alternative to refunding the cost, at its absolute discretion.
5. The Company shall not in any event be liable for indirect or consequential loss or damage, being loss or damage which does not directly and naturally flow from the supply or goods or materials, including without limitation loss of profits, of use, overhead costs, collateral damages or of contracts arising out of the supply or failure of supply of goods or services by the company [other than liability for death or personal injury resulting from the negligence of the company] and whether arising from the breach of contract, negligence or for any other liability howsoever arising, whether by statute or otherwise.
6. In all other cases (being cases of direct and natural losses or damage) it is specifically provided and agreed that the compensation and damages payable under any claims or claims arising out of the contract between the parties under whatsoever pretext shall not under any circumstances amount in aggregate to more than the contract price of the goods forming the subject of the claim or claims.
7. No liability for such direct losses or damage shall attach to the Company unless details of such losses are notified to the company in writing within 3 days of the date of delivery of the goods, or the date of the event giving rise to such loss if its not apparent upon the date of delivery. In cases of alleged non-delivery, it is a condition of acceptance of any claim that claims are notified to the company within 30 days of the anticipated delivery date so that appropriate action can be pursued by the company.
8. For the avoidance of doubt, nothing in this agreement shall confer on any third party may benefit or the right to enforce any terms of this agreement.
Goods are sold on the understanding that they will be used for their intended purpose. No responsibility will be accepted by the seller, for trained or untrained personnel without qualified supervision using or miss-using equipment supplied by the seller.
All offers in this catalogue are subject to stock availability. The seller reserves the right to restrict or refuse any orders for application of credit at any time. The seller takes special care to show correct sizes and specifications and such descriptions, whilst given as a guide in good faith are subject to alteration by the seller without notice. All colors are as near as the printing process will allow. Moreover pictures/images are for illustration purpose only.
All goods remain the property of City Plumbing LTD (the company) until paid in full.
11. Force Majeure
If the Company is hindered or prevented from fulfilling any contractual obligation due to any cause beyond their reasonable control or by their inability to produce any goods, the Company may at its absolute discretion delay the performance of or cancel the whole or any part of the contract without incurring any liability whatsoever.
All items are guaranteed according to manufacturer’s warranty. All glass items are specifically excluded from this guarantee.
These Terms and Conditions and all contracts entered into them are governed by and are to be construed in accordance with the laws of England and Wales. You agree to submit to the jurisdiction of the Courts of England and Wales in relation to any contract entered into under these Terms and Conditions.
No goods may be returned in the case of non stock items and other items are at the discretion of the company. Re-stocking fees may apply.
Model cancellation Form
51-55 Kingsland Road
Email address: firstname.lastname@example.org
Telephone number: 02077397162
I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper)