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Terms

Terms and Conditions

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TERMS AND CONDITIONS OF SALE
1 DEFINITIONS
1.1 In these Conditions:
The Company means Glassdomain Limited (registered in England reg no 5442338)
The Order means the customer's instruction for the purchase by the Purchaser and sale by the Company of the Goods arising from the acceptance by the Purchaser of a Quotation addressed to it or from acceptance by the Company of an order for the Goods.
The Goods means the subject of the order (including any instalment of the goods or any part of them)
The Specification means the specification in respect of the Goods referred to herein.
The Purchaser means the person to whom a Quotation is addressed and who accepts such quotation or whose order for the goods is accepted by the Company.
The Quotation means the Company's written quotation to the Purchaser for the sale of the Goods, which incorporates these Conditions and any documents stated to be attached to the Company's written quotation.
Writing includes facsimile transmission and comparable means of communication.
1.2 Acceptance of Terms
By accessing the content of www.glassdomain.co.uk you agree to be bound by the terms and conditions set out herein and you accept our privacy policy available at www.glassdomain.co.uk/privacy-policy.htm. If you object to any of the terms and conditions set out in this agreement you should not purchase any of the products on this Website and leave immediately

2. BASIS OF THE SALE
2.1 Unless otherwise expressly agreed in writing by a Director or the secretary of the Company, all
Quotations are made and Orders accepted by us subject to these conditions to the exclusion of any
Terms and Conditions introduced by the Purchaser. The giving by the Purchaser after receipt of these
Conditions of any delivery instructions for the Goods or the acceptance by the Purchaser after receipt of these Conditions of delivery of the Goods or of any document confirming the Order shall constitute unqualified acceptance by the Purchaser of these Conditions. Any order or similar of the Purchaser which is referenced to in any Quotation is incorporated and made part of the Order only to the extent of specifying the nature and description of the Goods to be supplied and then only to the extent that such description are not inconsistent with the terms of the Quotation. No conduct by the Company shall be deemed to constitute acceptance of any terms put forward by the Purchaser. The provisions of the order shall prevail over any inconsistent terms implied by the law or by trade, custom, practice of course of dealing and any such inconsistent terms are hereby expressly excluded to the extent permitted by law.
2.2 The Company's employees or agents are not authorised to make any representations concerning the
Goods unless confirmed by the Company in Writing. In entering into the Order the Purchaser acknowledges that it does not rely on any such representations which are not so confirmed.
2.3 Any advice or recommendation given by the Company or its employees or agents to the Purchaser or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Company is followed or acted upon entirely at the Purchaser's own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.4 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company shall be subject to correction without any liability on the part of the Company.
2.5 No drawings supplied by the Company to the Purchaser shall be incorporated into or form part of the Order unless this is agreed by the Company in Writing.
2.6 The Company reserves the right to vary these conditions of sale at any time not with standing any prior course of dealing with the Purchaser.

3 ORDERS AND SPECIFICATIONS
3.1 No order submitted by the Purchaser shall be deemed to be accepted by the Company unless and until confirmed in Writing by the Company's authorised representative.
3.2 The Purchaser shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Purchaser, and for giving the Company any necessary information relating to the Goods within a sufficient time to enable the Company to perform the Order in accordance with its terms.
3.3 The quantity, quality and description of any specification for the Goods shall be those set out in the Quotation (if accepted by the Purchaser) or the Purchaser's order (if accepted by the Company).
3.4 If the goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Purchaser, the Purchaser shall indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Company's use of the Purchaser's specification.
3.5 The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements or where the Goods are to be supplied to the Company's specification which do not materially affect their quality or performance.
3.6 No order shall be cancelled by the Purchaser except with the Agreement in Writing of the Company and on terms that the Purchaser shall indemnify the Company in full against all loss (including loss of profit) costs, (including the cost of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
3.7 If the Goods are to be supplied in accordance with a template or drawings provided by the Purchaser and the template dimensions or the dimensions specified in the drawings differ from those specified for the Goods in the Company's quotation (if accepted by the Purchaser) or the Purchaser's order (if accepted by the Company), the template or the drawings as the case may be shall prevail and the Goods shall be supplied in accordance with the dimensions of the template or the drawings as the case may be.

4 PRICES
4.1 The quotation is open for acceptance for a period of twenty eight days from the date of quotation. The Company reserves the right to refuse the quotation after that date.
4.2 The Company reserves the right, by giving notice to the Purchaser at any time before delivery, to increase the price of the 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 without limitation, any foreign exchange fluctuation, currency regulations, alteration of duties, significant increase in the costs of labour, materials or other costs of manufacture), or any delay caused by any instructions to the Purchaser or failure of the Purchaser to give the Company adequate information or instructions.
4.3 Prices quoted are strictly NETT unless otherwise stated.
4.4 The price of the Goods is exclusive of any applicable value added tax and other duties, imports or levies (unless otherwise agreed in writing), all of which the Purchaser shall be additionally liable to pay to the Company

5 TERMS OF PAYMENT
5.1 Subject to any special terms agreed in Writing between the Purchaser and the Company, the
Company shall be entitled to invoice the Purchaser for the price of the Goods on or at any time after delivery of the Goods, unless the Goods are to be collected by the Purchaser of the Purchaser wrongfully fails to take delivery of the Goods, in which event the Company shall be entitled to invoice the Purchaser for the price at any time after the Company has notified the Purchaser that the Goods are ready for collection or (as the case may be) the Company has tendered delivery of the Goods.
5.2 The Purchaser shall pay all invoices for the Goods (less any agreed discount to which the Purchaser may be entitled, but without any other deduction or set-off) by the end of the month following that in which the Goods were delivered or were ready for collection or delivery was tendered and the Company shall be entitled to recover the price, not with standing that delivery may not have taken place and the property in the Goods has not been passed to the Purchaser. The time of payment of the price shall be the essence of the order. Receipts for payment will be issued only upon request.
5.3 If the Purchaser fails to make any payment on the due date then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to:
5.4.1 Cancel the Order or suspend any further deliveries to the Purchaser
5.4.2 Appropriate any payment made by the Purchaser to such of the Goods (or the goods supplied under any other order between the Purchaser and the Company) as the Company may think fit (not with standing any purported appropriation by the Purchaser)
5.4.3 Charge the Purchaser interest (both before and after any judgement) at rate of 5% per annum above bank base from the due date to the date of actual payment
5.5 Payment shall be deemed to have been received by the Company on receipt by the Company of cleared funds.

6 DELIVERY OF THE GOODS
6.1 Unless otherwise agreed, delivery of the Goods shall be made by the Company delivering the Goods to the Purchaser's premises. The Company shall have the right to choose the form of transport used and the composition of the consignment load
6.2 Delivery shall be deemed to take place when all fastenings have been removed and the Goods are ready to be offloaded. The Goods shall be unloaded in a timely manner on arrival at the Purchasers premises or delivery address and the Company shall be entitled to recover from the Purchaser all and any costs and expenses incurred by it as a result of the Purchaser's failure to comply. The Purchaser shall bear the risk of loss or damage to the Goods incurred during unloading and any assistance given by the
Company's employees or agents shall be accepted by the Purchaser at its own risk unless prior arrangement for placement of the product has been arranged.
6.3 Any dates quoted for delivery of the Goods are approximate only and the Company shall not liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Order unless previously agreed by the Company in Writing. The Goods may be delivered by the Company in advance of the quoted delivery date upon giving reasonable notice to the Purchaser.
6.4 If the Purchaser fails to take delivery of the goods or fails to give the Company adequate delivery
instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Purchaser's reasonable control or by reason of the Company's fault), then, without prejudice to any other right or remedy available to the Company, the Company may store the Goods until actual delivery and charge the Purchaser for the reasonable costs (including insurance) of storage.

7. RISK AND PROPERTY IN THE GOODS
7.1 Risk of damage or to loss of the Goods shall pass to the Purchaser:
7.2.1 In the case of Goods to be delivered otherwise than at the Company's premises, at the time when all fastenings have been removed and the Goods are ready to be off loaded at the contracted place of delivery, or if the Purchaser wrongfully fails to take delivery of the Goods, the time when the Company has tendered delivery of the Goods
7.2.2 In the case of the Goods to be delivered at the Company's premises, at the time when the Company notifies the Purchaser that the Goods are available for collection.
7.3 Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these
Conditions, Legal and beneficial title to the Goods (property in the Goods) shall not pass to the Purchaser until the Company has received in cash or cleared funds payment in full of the price of the Goods and all other Goods accepted to be sold by the Company to the Purchaser for which payment is then due.
7.4 Until such time as the property in the Goods passes to the Purchaser the Purchaser shall hold the
Goods as the Company's fiduciary agent and bailee, and shall keep the goods separate from those of the
Purchaser and third parties and properly stored, protected and insured and identified as the Company's property, but the Purchaser shall be entitled to re-sell or use the Goods in the ordinary course of its business.
7.5 Until such time as the property in the Goods passes to the Purchaser (and provided the goods are still in existence and have not been resold), the Company shall be entitled at any time to require the Purchaser
to deliver up the Goods to the Company and, if the Purchaser fails to do so forthwith, to enter upon any premises of the Purchaser or any third party where the Goods are stored and repossess the Goods.
7.6 The Purchaser shall not be entitled to pledge or in any way charge by way of security for any indebtedness any of the Goods which remain the property of the Company. But if the Purchaser does so all monies owing by the Purchaser to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

8. WARRANTIES AND LIABILITY
8.1 Subject to the provisions of clause 8.2, the Company warrants that, at the time of delivery the Goods
Correspond with their specification and will be free from defects in material and workmanship
8.2 The warranty set out in clause 8.1 above is given by the Company subject to the following conditions:
8.3 The Company shall not be liable in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Purchaser.
8.4 The Company shall not be liable in respect of any inherent weaknesses resulting from the shape of Non-rectangular panes of glass.
8.5 The Company shall not be liable in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Company's instructions (whether oral or in writing) or proper procedures, misuse or alteration of the Goods without the Company's approval.
8.6 The Company shall not be liable in respect of any defect in the Goods arising from incorrect storage.
The Packing provided by the Company is intended to preserve the Goods in good condition during transportation. It is not designed for the storage and long term preservation of the Goods. It is incumbent
Upon the Purchaser to ensure the Goods are unpacked upon delivery and stored in accordance with appropriate methods and standards.
8.7 The Company shall not be liable under the warranties (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
8.8 The Company shall not be liable in respect of any parts, materials or equipment not manufactured by the Company, but the Company shall to the extent possible assign to the Purchaser the benefit of any such warranty or guarantee as is given by the manufacturer of such parts, material or equipment to the Company.
8.9 Subject as expressly provided in these Conditions, and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
8.10. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions
(Restrictions on Statements) Order 1976) the statutory rights of the Purchaser are not affected by these Conditions.
8.11. Subject to clause 8.7 below where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the
Company in accordance with these Conditions, the Company shall be entitled to replace the Goods (or the part in question) free of charge or, at the Company's sole discretion, refund to the Purchaser the price of the Goods (or a proportionate part of the price), but the Company shall have no further liability to the Purchaser.
8.12. Where the Company arranges for the delivery of the Goods by an independent carrier, the liability of the Company for loss of or damage to the Goods whilst in the care of such carrier shall be limited to the
net amount actually recovered by the Company from the carrier in respect thereof and the Company shall not be under any obligation to bring legal proceedings against any such carrier unless indemnified by the Purchaser against the costs of such proceedings to its reasonable satisfaction.
8.13. Except in respect of death or personal injury caused by the Company's negligence, the Company
shall not be liable to the Purchaser by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or other duty of common law, or under the express terms of the Order for any indirect, special or consequential loss or damage, (whether for loss of profit, loss of business, loss of opportunity or otherwise), costs, expenses or other claims for compensation whatsoever, (whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or resale by the Purchaser and the entire liability of the Company under or in connection with the Order shall not exceed the price of the Goods except as expressly provided in these conditions.
8.14. The Company shall not be liable to the Purchaser or be deemed to be in breach of the Order by reason of any delay in performing, or any failure to perform, any of the Company's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Company's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as caused beyond the Company's reasonable control.
8.15.1 Act of God, explosion, flood, tempest, fire or accident
8.15.2 War or threat of war, sabotage, insurrection, civil disturbance or requisition.
8.15.3 Acts, restrictions, regulations, bylaws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.
8.15.4 Import or export regulations or embargoes.
8.15.5 Strikes, lockouts or other industrial actions or trade disputes (whether involving employees of the
Company or of a third person
8.15.6 Difficulties in cleaning raw materials, labour, fuel, parts or machinery
8.15.7 Power failure or breakdown in machinery. In any of the circumstances causing the Company's delay or failure continue for more than three months either party may terminate the Order by written notice to the other and thereupon all the parties' obligations hereunder shall terminate but without prejudice to any rights accrued prior to termination which either party may have against each other.
8.16 The Purchaser warrants that where applicable, the use made by the Purchaser of the Goods will conform with all relevant safety standards and codes of practice.

9. INSOLVENCY OF THE PURCHASER
9.1 This clause applies if:
9.1.1 The Purchaser makes any voluntary arrangements with its creditors or (being an individual or firm) becomes bankrupt or (being a company) becomes subject to an administration order or goes into liquidation (otherwise than for purposes of amalgamation or reconstruction) or:
9.1.2 An encumbrance takes possession, or a receiver is appointed of any of the property or assets of the
Purchaser or:
9.1.3 The Purchaser ceases, or threatens to cease to carry on business or
9.1.4 The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Purchaser and notifies the Purchaser accordingly.
9.1.5 The Purchaser commits a material breach of any of the terms of the Order and in the case of such breach which is capable of remedy fails to remedy the same within 30 days after receipt of written notice from the Company giving particulars of the breach and requiring it to be remedied.
9.2 If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Order or suspend any further deliveries under the Order without any liability to the Purchaser, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

10. GENERAL
10.1 The Purchaser shall not assign the benefit of the Order without the prior written consent of the
Company
10.2 Any notice required or permitted to be given to either party to the other under these Conditions shall be in writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.3 No waiver by the Company of any breach of the Order by the Purchaser shall be considered as a waiver of any subsequent breach of the same or any other provision.
10.4 If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
10.5 The Company shall be entitled to retain all templates and drawings supplied by the Purchaser until the Purchaser has confirmed that the Goods are in accordance with such templates or drawings. If the Purchaser does not request the return of any such templates or drawings within one month after the relevant Goods are delivered, such templates and drawings shall become the Property of the Company which shall be entitled to retain or dispose of them as it sees fit.
10.6 The Order shall be governed by the laws of England, and the Purchaser agrees to submit to the non exclusive jurisdiction of the English courts.

11. Copyright
11.1 All intellectual property of Glassdomain Ltd such as brand, trade names, patents, registered designs and other intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Glassdomain Ltd

11.2 By using the Website you agree to respect the intellectual property rights of Glassdomain Ltd and will refrain from copying, downloading, reproducing, printing or exploiting for commercial purpose any material contained within the Website.


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