Terms & Conditions
- DEFINITIONS AND INTERPRETATION
1.1 In these Terms the following expressions will have the following meanings unless inconsistent with the context:
“Ancillary Products” any cupboard doors, appliances or other non-made-to-measure products which Granite Transformations has agreed to supply to You (including all or any part of them) under the Agreement as set out in the Order Confirmation
“Agreement” the contract between Granite Transformations and You for the sale and purchase of the Goods and any Ancillary Products and supply of the Services formed in accordance with Condition 2
“Care Maintenance and the guide on the reverse and forming part of any Warranty offered to You by Trend and Product Information Guide” forming part of the Agreement subject to these Terms
“Goods” any made-to-measure worktops or other made-to-measure kitchen or bathroom goods which Granite Transformations has agreed to supply to You (including all or any part of them) under the Agreement as set out in the Order Confirmation but excluding any Ancillary Products.
“Granite Transformations” the Granite Transformations business described in the Quotation which supplies the Goods, any Ancillary Products and Services to You
“Order Confirmation” Granite Transformations’ acknowledgement of receipt from You of the returned Quotation (whether or not signed by You) which was originally provided by Granite Transformations to You
“Quotation” the quotation for the Goods, any Ancillary Products and Services provided to You by Granite Transformations and returned by You to Granite Transformations
“Services” any installation services which Granite Transformations provides to You (including all or any part of them) under the Agreement “Terms” the standard terms and conditions of sale set out in this document, together with any terms agreed in writing between Granite Transformations and You as specified in the Quotation and/or Order Confirmation
“Trend” Trend Group S.p.A or any of its affiliated companies who are or may be from time to time the manufacturer of the Goods and offeror of any Warranty supplied to You by Granite Transformations under this Agreement.
“You/Your” the person(s), firm, business or company whose Quotation for the Goods, any Ancillary Products and/or Services is accepted by Granite Transformations.
“Warranty” one of Trend’s 10-year limited product warranty including as set out in its Care Maintenance and Product Information Guide as offered to You by Trend atits discretion and supplied to You by Granite Transformations and forming part of the Agreement subject to these Terms
1.2 You may have other rights granted to You by law in addition to those set out in these Terms which Granite Transformations may not exclude. These Terms do not affect those other rights granted by law.
- MAKING THE AGREEMENT
2.1 Unless varied under Condition 2.6, the Agreement will be upon these Terms, to the exclusion of all other terms and conditions and all previous oral or written representations made by Granite Transformations.
2.2 Each Quotation returned to Granite Transformations by You will be deemed to be an offer by You to purchase Goods, any Ancillary Products and/or Services upon these Terms. The Agreement is formed when the Quotation is accepted by Granite Transformations by the issue to You of an Order Confirmation. There will be no Agreement between You and Granite Transformations, and Granite Transformations will have no obligation to supply You with the Goods, any Ancillary Products and/or Services, until Granite Transformations has issued the Order Confirmation.
2.3 Any Quotation issued by Granite Transformations is valid for a period of 90 days only from its date, provided Granite Transformations has not previously withdrawn it.
2.4 You must ensure that the terms of the Quotation and any applicable specification are complete and accurate. If You wish to amend any aspect of the information You have given in a Quotation You must contact Granite Transformations immediately. Although Granite Transformations will use reasonable endeavours to implement any such amendment which You request, Granite Transformations cannot guarantee that it will be able to do so after the Order Confirmation has been issued. If such amendment changes any other aspect of the Quotation (for example the price) and Granite Transformations is able and willing to amend it, then Granite Transformations will send You a new Order Confirmation.
2.5 Subject to Conditions 6, 8 and 9, neither You nor Granite Transformations may cancel the Agreement once it has been made.
2.6 These Terms may not be varied unless that variation is in writing signed by both You and Granite Transformations.
2.7 Save as otherwise provided in this Agreement, as the Goods are “made-to-measure” they are made to Your requirements and therefore You will not be able to cancel Your Order once made (but this will not affect Your legal rights as a consumer in relation to made-to-measure Goods that are faulty or not as described as set out below).
2.8 The cancellation rights referred to in Condition 2.9 do not apply to any Goods or where Granite Transformations have provided Ancillary Products that are made to Your specifications or are clearly personalised.
2.9 Where You have ordered Ancillary Products, You have the right to cancel the order for Ancillary Products within 14 days of the day on which the Ancillary Products come into Your the physical possession, without giving any reason.
2.10 To exercise the right to cancel, You must inform Granite Transformations of Your decision to cancel the order for Ancillary Products by a clear statement setting out the decision to cancel (eg a letter sent by post, fax or email). You can use the model cancellation form set out in the box below, but it is not obligatory.
2.11 If You cancel the order for Ancillary Products, Granite Transformations will reimburse to You all payments received from You in relation to those Ancillary Products, including the costs of delivery (except for the supplementary costs arising if You chose a type of delivery other than the least expensive type of standard delivery offered by Granite Transformations).
2.12 Granite Transformations may make a deduction from the reimbursement for loss in value of any Ancillary Products supplied, if the loss is the result of unnecessary handling by You.
2.13 Granite Transformations will make the reimbursement without undue delay, and not later than:
2.13.1 14 days after the day Granite Transformations received back from You any Ancillary Products supplied, or
2.13.2 (if earlier) 14 days after the day You provide evidence that You have returned the Ancillary Products, or
2.13.3 if the Ancillary Products have not yet been supplied, 14 days after the day on which Granite Transformations are informed about Your decision to the order for Ancillary Products.
2.14 Granite Transformations will make the reimbursement using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise; in any event, You will not incur any fees as a result of the reimbursement.
2.15 If You have received Ancillary Products Granite Transformations will collect the Ancillary Products without undue delay and at Granite Transformations’ own expense.
- GOODS AND SERVICES
3.1 The quantity and description of the Goods, Ancillary Products and Services will be as set out in the Quotation and Order Confirmation, and where there is a conflict between the two, the Order Confirmation shall prevail. If You believe that there is an error in the Order Confirmation, please inform Granite Transformations as soon as possible.
3.2 Granite Transformations may make any changes to the specification, design, materials or finishes of the Goods or provision of the Services which do not materially affect their quality or performance or which are required to conform with any applicable legal or regulatory requirements.
3.3 The images and illustrations of the Goods and Ancillary Products contained in advertising material issues by Granite Transformations (or Trend) or contained in any Granite Transformations’ on or off line catalogues or brochures or equivalent marketing media are for illustrative purposes only. All samples of Goods which have been shown or provided to You are issued for the sole purpose of giving an approximate idea of the Goods represented by them. Due to the nature of the Goods and the materials used to produce them the finished goods will likely differ from the samples. Whilst Granite Transformations will use its reasonable endeavours to match any such samples, colour and/or textual and/or equivalent variation (including without limitation variation from one adjoining slab to another; and/or variation through joins; and/or foreign colour stone inclusions; and/or unique colourisation and/or texture and/or air pockets and/or pores; and/or fine swirls and/or buff marks) may occur outside the control of Granite Transformations or Trend.
3.4 In relation to Goods slab joins Trend’s products are standard size slabs and most worktop applications will inevitably require slab joining as part of Granite Transformations’ provision of the Services. Granite Transformations accredited installers are trained to make all joins as precise and seamless as possible. However by placing an order You acknowledge that because stone size and colouration may vary between slabs Granite Transformations cannot guarantee a perfect visual match at the actual join. The intended location of all slab joins is indicated on Your Quotation documentation and You acknowledge and agree that:-
3.4.1 Your Granite Transformations representative has already informed You of this before any worktop Goods are installed;
3.4.2 additional joins in Goods are sometimes required to facilitate the transporting of sections through Your premises because not all hallways stairways or corners will allow large Goods (all or partial) through.
3.5 For the avoidance of doubt any Warranty offered to You by Trend and supplied to You by Granite Transformations will be in the form attached to or referred to in Your Quotation and/or attached to or referred to in the Order Confirmation
4.1 The price for the Goods, any Ancillary Products and Services will be the price specified in the Quotation and the Order Confirmation and all prices include VAT.
4.2 The price for the Goods, any Ancillary Products and Services are exclusive of any costs of packaging and carriage of the Goods and any Ancillary Products which will be added to the price.
4.3 Granite Transformations will be entitled to increase the price of the Goods, any Ancillary Products and/or Services following any changes in the Quotation made both at Your request and agreed by Granite Transformations or to cover any extra expense as a result of Your instructions or lack of instructions, or to comply with the requirements referred to in Conditions 2.4 or 3.2. In particular please note that Granite Transformations are required by law to comply with all current Regulations when removing or refitting existing appliances or installing new ones. This may require the upgrade of certain fittings or appliances which were not obvious when You were given the Quotation. Granite Transformations will endeavour to give You at least 7 days notice of any increase in the price for the Goods, any Ancillary Products or Services. You shall have the right to cancel the Contract with immediate effect by giving Granite Transformation written notice of cancellation within 7 days of receipt of such notification. Where the circumstances mean that it is not possible to give You 7 days notice, Granite Transformations will give You as much notice as possible before Granite Transformations commence the extra work. Where the circumstances mean that it is not possible to obtain Your consent before Granite Transformations comment the extra work, for example because of Your absence, Granite Transformations will proceed with the work and You agree to be responsible for any extra costs, up to a maximum of £200.
5.1 Granite Transformations will invoice You for the Goods, any Ancillary Products and/or the Services as set out in the Order Confirmation. Payment is due as specified in the Order Confirmation.
5.2 Time for payment will be of the essence. No payment will be deemed to have been made until Granite Transformations has received cleared funds.
5.3 If any sum payable under the Agreement is not paid when due then, without prejudice to Granite Transformations’ other rights under the Agreement, that sum will bear interest from the due date until payment is made in full, both before and after any judgement, at 4 % per annum over Barclays Bank plc base rate from time to time and Granite Transformations will be entitled to suspend deliveries of the Goods, any Ancillary Products and/or provision of the Services until the outstanding amount has been received by Granite Transformations.
6.1 Delivery of the Goods, Ancillary Products and provision of the Services will be made at the address stated in the Order Confirmation.
6.2 Granite Transformations will use its reasonable endeavours to deliver the Goods, Ancillary Products and perform the Services within the time stated on the Order Confirmation. Occasionally a delivery to You may be affected by an event outside our control. See clause 9 for Granite Transformations responsibilities when this happens.
6.3 If Granite Transformations miss the delivery date stated on the Order Confirmation then You may cancel Your Order straight away if any of the following apply:
6.3.1 if Granite Transformations have refused to deliver the Goods or Ancillary Products;
6.3.2 if delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
6.3.3 if You told Granite Transformations before Granite Transformations accepted Your order that delivery within the delivery deadline was essential.
6.4 If You do not wish to cancel Your order straight away, or do not have the right to do so under clause 6.3, You can give Granite Transformations a new deadline for delivery, which must be reasonable, and You can cancel Your Order if Granite Transformations do not meet the new deadline.
6.5 If You cancel the Agreement in accordance with this Condition 6.3 or 6.4 then:
6.5.1 Granite Transformations will refund to You any sums which You have paid to it in respect of that order or part of the order which has been cancelled; and
6.5.2 You will be under no liability to make any further payments under Condition 5.1 in respect of that order or part of the order which has been cancelled.
6.6 In the circumstances that You are not able to accept delivery for any reason, the Goods and any Ancillary Products shall be returned to Granite Transformations premises, in which case, please contact Granite Transformations to rearrange delivery. In which case Granite Transformations may charge You for any reasonable additional expenses or costs which Granite Transformations has suffered as a result of the delay in delivery or performance.
6.7 Delivery of an Order shall be completed when Granite Transformations deliver the Goods and any Ancillary Products to the address set out in the Order Confirmation and the Goods and any Ancillary Products will be Your responsibility from that time.
- RISK / OWNERSHIP
7.1 Risk of damage to or loss of the Goods and any Ancillary Products will pass to You upon delivery.
7.2 Ownership of the Goods and any Ancillary Products will not pass to You until Granite Transformations has received in full (in cash or cleared funds) all sums due to Granite Transformations.
- DEFECTIVE GOODS AND SERVICES
8.1 The Goods and any Ancillary Products come with a manufacturer’s guarantee. For details, please refer to the manufacturer’s guarantee provided with the Goods and any Ancillary Products. This guarantee is in addition to, and does not affect, Your legal rights in relation to the Goods and any Ancillary Products that are faulty or not as described as set out below.
8.2 As a consumer You have legal rights in relation to Goods or any Ancillary Products that are faulty. Goods and any Ancillary Products must be as described, fit for purpose and of satisfactory quality. Where the installation of the Goods or any Ancillary Products by Granite Transformations forms part of the Agreement, You have the right for the Goods or any Ancillary Products to be installed correctly.
8.3 Subject to Condition 8.4, if the Goods or any Ancillary Products are not as described, fit for purpose or of satisfactory quality You may, within 30 days of the date the Goods or any Ancillary Products were delivered, reject the Goods or any Ancillary Products and treat the Agreement as at an end. In which case Granite Transformations shall refund You any money paid under Condition 5.1 within 14 days.
8.4 If the Goods or any Ancillary Products are not as described, fit for purpose or of satisfactory quality You may request that Granite Transformations either repair or replaces the Goods or any Ancillary Products. If You request that the Goods or any Ancillary Products are repaired or replaced, the 30 day period referred to in Condition 8.3 shall be suspended until the date on which You receive the Goods or any Ancillary Products back from Granite Transformations. At this point, if the returned Goods or any Ancillary Products are faulty, You may reject the Goods or any Ancillary Products and treat the Agreement as at an end either within 7 days after the date You received the Good back or at the expiry of the original time period under Condition 8.3 (taking into consideration the period during which this time was suspended), whichever period is the longest.
8.5 After the 30 day period referred to in Condition 8.3 has expired, if You discover the Goods or any Ancillary Products are not as described, fit for purpose or of satisfactory quality You may request that the Goods or any Ancillary Products be repaired or replaced at Granite Transformations cost.
8.6 You cannot require Granite Transformations to repair or replace any Goods or any Ancillary Products under Conditions 8.4 or 8.5 if such repair or replacement is impossible or if doing so imposes costs on Granite Transformations which are disproportionate to the other remedies available to You.
8.7 If after repair or replacement the Goods or any Ancillary Products are still faulty, or if repair or replacement is not possible under Condition 8.6, You have the right to request either a price reduction or to reject the Goods or any Ancillary Products and treat the Agreement as at an end.
8.8 If You request a price reduction, Granite Transformations shall reduce the price for the Goods or any Ancillary Products by an appropriate amount. Such price reduction shall be deducted from future payment required by You under the Agreement and (if necessary) Granite Transformation shall refund You where You have already paid more than the reduced amount.
8.9 If You reject the Goods or any Ancillary Products within 6 months of the date on which they were delivered to You, You shall be entitled to a refund of any money paid under Condition 5.1. If You reject the Goods or any Ancillary Products after 6 months from the date on which they were delivered to You, Granite Transformation shall be entitled to reduce the amount to be refunded to You to take into consideration use You have had of the Goods or any Ancillary Products since they were delivered to You.
8.10 Where the installation of the Goods or any Ancillary Products by Granite Transformations forms part of the Agreement, if the Goods or any Ancillary Products are not installed correctly You can request that the Goods or any Ancillary Products be repaired or replaced (and the provisions of Conditions 8.5 and 8.6 shall apply), request a price reduction (and the provisions of Conditions 8.7 and 8.8 shall apply), reject the Goods or any Ancillary Products (and the provisions of Conditions 8.7 and 8.9 shall apply) or request that the Service be re-performed at Granite Transformations cost.
8.11 You do not have a legal right to a refund or replacement just because You change Your mind.
- YOUR PRIVACY AND PERSONAL INFORMATION
- FORCE MAJEURE
10.1 Granite Transformations will not be liable to You in any manner whatsoever for any failure or delay or for the consequences of any failure or delay in performance of any Agreement if it is due to any event beyond Granite Transformations’ reasonable control, including, without limitation, strikes, lockouts or other industrial disputes (whether involving Granite Transformations’ workforce or any other party), acts of God, war, protests, fire, flood, storm, tempest, explosion, acts of terrorism, riot, civil commotion, national emergencies, breakdown of plant or machinery, or default of suppliers or sub-contractors and Granite Transformations will be entitled to a reasonable extension of time for the performance of its obligations.
10.2 If the event causing the delay continues for a period in excess of 3 months then either You or Granite Transformations will be entitled to terminate the Agreement by written notice to the other and Granite Transformations’ only liability to You will be to refund to You all sums paid under the Agreement (subject to Condition 5.1) in respect of Goods and any Ancillary Products which have not been delivered or Services which have not been provided.
11.1 Each of the rights or remedies under any Agreement is without prejudice to any other right or remedy under that or any other Agreement.
11.2 No failure or delay by Granite Transformations or You to exercise any right, power or remedy will operate as a waiver of it nor will any partial exercise preclude any further exercise of the same, or of some other right, power or remedy.
11.3 Granite Transformations may transfer, assign, hold on trust, licence or sub-contract all or any part of its rights or obligations under any Agreement.
11.4 Each and every Agreement is personal to You and You may not transfer all or any of Your rights or obligations under any Agreement without the prior written consent of Granite Transformations.
11.5 Neither party intends that any of the terms of any Agreement will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it, save that Rocksolid Granit (Europe) Limited shall be entitled to enforce any provision of the Agreement.
Subject to the conditions relating to quotations in Condition 2, any notice, demand or communication in connection with the Agreement will be in writing (but not by e-mail or facsimile) addressed to the recipient at the address stated in the Order Confirmation or at such other address as may form time to time be notified in writing by the recipient to the sender as the recipient’s address for service and will be duly served:
12.1 if delivered by hand, when left at the proper address for service;
12.2 if given or made by first class post or special delivery post, 48 hours after being posted or in the case or air mail 14 days after being posted excluding days other than business days.
13.1 The formation, existence, construction, performance, validity and all aspects whatsoever of the Agreement or of any term of the Agreement will be governed by English law. The English Courts will have exclusive jurisdiction to settle any disputes which may arise out of or in connection with the Agreement. Both parties agree to submit to that jurisdiction.
13.2 If any dispute arises in connection with the Agreement the parties may attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the parties the Mediator will be nominated by CEDR
TERMS FOR THE SALE OF GOODS AND SUPPLY OF SERVICES
If you wish to see a sample of Trend’s warranty document before placing your order, please ask or view a sample on our website