Terms & Conditions
1.1 “Buyer “means the individual or organisation that buys or agrees to by the Goods from the “Seller”.
1.2 “Contract” means any contract for sale of goods by the Seller to the Buyer incorporating these Terms and Conditions
1.3 “Goods “means any goods forming the subject of this contract that the Buyer agrees to buy from the Seller.
1.4 “Seller” means JS Woodcraft Ltd of Stillington road, York, YO61 1EH T/A Elesco Parquet
1.5 “Terms and Conditions” means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the seller.
Nothing in these Terms and Conditions shall affect the Buyers statutory rights as a Consumer
2.1 Our Terms and Conditions apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer
2.2 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions
2.3 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3.1 All orders for Goods shall be deemed to be an offer of the Buyer to purchase
3.2 The Seller may choose not to accept an order for any reason
3.3 If the Goods ordered by the Buyer are not available from stock, the Buyer shall be notified and given the option to either wait until the Goods are available, or be offered an alternative or cancel the order and receive a full refund within 30 days.
3.4 Goods pursuant to these Terms and Conditions are subject to acceptance by the Seller.
3.5 Goods are not sold on a trial basis
3.6 Oak is a natural product, each piece with have some degree of natural variation which is due to different grain, colour and shading. Elesco cannot guarantee that the sample piece will exactly match the laid floor.
3.7 The flooring installer is the last person to check the flooring, in the rare occasion a defective piece of flooring is found the company must be contacted, if the defective piece of flooring is installed it is deemed to be acceptable by the clients.
3.8 Any claim for compensation from any clients is limited to the purchase price paid for the goods, the company is not liable for an additional losses.
- Pricing and Payment
4.1 The price of the Goods shall be that quoted on the Sellers’s Pricelist or quotation. The Price does not include VAT and delivery charges unless otherwise stated.
4.2 VAT will be charged at the current rate.
4.3 The total price, including VAT and any delivery charges, will be invoiced to the Buyer.
4.4 All payments will be made in GBP £’s sterling
4.5 After the Order is received the Seller shall confirm in writing, the details, description and price for the Goods together with the right to cancel if the Buyer is a Consumer.
4.6 If we list a product at the wrong price due to a typographical error or receive incorrect pricing information from our suppliers, we have the right to refuse or cancel any orders placed prior to the order being delivered.
4.7 We will not adjust any prices without you first being informed, and will allow you to withdraw your order at no cost to yourself and if applicable a full refund will not be given.
- Sellers Rights
5.1 Adjust the price and specification of any item at its discretion
5.2 Withdraw any goods from sale at any time
5.3 Not liable to anyone for withdrawing any Goods from sale, price adjustments or refusing to process an order
5.4 Decline service to any individual Buyer
5.5 Colour accuracy of any product samples provided cannot be guaranteed due to the product being a natural living product with natural colour variances.
6.1 The Seller warrants that the Goods will at the time of despatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions or terms relating to fitness for purpose, merchantability or condition of Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyers purpose.
6.2 When installing or using any of the goods or equipment supplied by the Seller, the Buyer shall observe all instructions, directions and warnings issued by the Seller. Details of the flooring installation and wood specification are given in our Flooring Information Pack. Failure to do so will invalidate any warranty.
7.1 Upon receipt of your order, goods will normally be delivered within 4- 6 weeks from ordering unless otherwise advised.
7.2 The Seller shall endeavour to meet any date agreed for delivery. In any event time of delivery shall not be of the essence and the Seller shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
7.3 We recommend that you only arrange for tradesmen to carry our work on your behalf after your goods have actually been delivered
7.4 If you have paid for your flooring to be delivered, delivery shall be made to the buyers kerbside delivery address specified in the order confirmation and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever the goods are tendered for delivery. The Goods will be delivered between 7.00am and 7.00pm, unless otherwise advised.
7.5 Title and risk in the Goods shall pass to the Buyer upon delivery of the goods.
7.6 It is assumed that the delivery address is accessible by truck measuring approximately 2400 wide by 10500 long and 3900 high.
7.7 It is the Buyers responsibility to advise us of any height, weight, time and parking restrictions applicable to the delivery street address.
7.8 Any costs incurred because of failure to advise of any points in 7.7 including return to base and redelivery costs will be charged to the Buyer.
- Cancellations and Returns Policy
8.1 The Buyer must inspect the Goods immediately upon receipt and shall notify the Seller in writing within 1 working days of delivery if the Goods are damaged or do not comply with any of the Contract
8.2 If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods. A telephone call does not constitute notification of non-acceptance.
8.3 If the buyer, without the Seller’s written approval, processes the product to remove any perceived problem, a complaint won’t be handled. If the third party, without the Seller’s written approval, does some repairs or changes or even extra treatments on the delivered floor by the Seller, the complaint won’t be handled.
8.4 Goods returned must be in a saleable and as new condition, and returned suitably packaged to prevent damage in transit
8.5 The Buyer must arrange transportation and pay all costs involved in transporting the goods back to Elesco, Stillington Road, Sutton on the Forest, YO61 1EH. The Goods must be insured whilst in transit for the full value, goods received damage after return will not receive a full refund from the Seller and the Buyer shall pursue their carrier for reimbursement and or return.
8.6 We will not refund the costs of delivery and labour etc. that we incurred in supplying the goods unless deemed to be faulty or damaged.
8.7 If the goods are to be collected the cost of collection will also be deducted from the refund.
8.8 Goods will only be accepted for refund if they are in a satisfactory condition.
- Limitation of Liability
9.1 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller’s agents or employees
9.2 Except as may be implied by law where the Buyer is dealing as a Consumer, in any event of any breach of these Terms by the Seller the remedies of the Buyer shall be limited to damages which in shall no circumstances exceed the price of the Goods and the Sellers shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatsoever.
10.1 No Waiver by the Seller (whether express or implied) in enforcing any of its rights under this Contract shall prejudice its rights to do so in the future
- Force Majeure
11.1 The Seller will not be liable or adversely affected for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances beyond reasonable control, including but not limited to acts of God, war, strikes, lockout, flood, accident, fire, trade dispute, plant or machinery breakdown, shortage or unavailability of raw materials from a natural source of supply or Government Directive, the Seller shall be entitled to a reasonable extension of its obligations
12.1 If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminate.
- Changes to Terms and Conditions
13.1 The Seller shall be entitled to alter these Terms and Conditions at any time. This right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.