1. About these terms and conditions
In these terms and conditions “we” and “us” mean Intirium (UK) Limited and “you” means you the customer. In these terms and conditions certain words spelt with initial capital letters are defined terms. For your ease of reference these defined terms are all listed together in clause 16 at the end of these terms and conditions. These terms and conditions together with any Order Confirmation which you receive from us constitute the Contract for the supply of Products. No other terms and conditions will apply. The Contract cannot be varied unless we agree to vary it in writing or by email. The Contract will only be concluded in the English language.
2. Placing your Order
2.1 To place an Order you must be 18 years of age or over and be contactable by non-cellular telephone.
2.2 You may place an Order in relation to Products shown either on the Intirium Website or set out in a Quotation received from us. The Quotation will be provided by us by email in response to an enquiry from you and will be non-binding. Both the Intirium Website and any Quotation constitute invitations to treat and not offers for the sale of Products. There will be a link from any Quotation to the Order Form on the Intirium Website so that you may place your Order.
2.3 You may place an Order for Products by:
2.3.1 filling in the Order Form on the Intirium Website and clicking on the “Place My Order” button;
2.3.2 telephoning us on + 44 208 202 5788 between 09.00 and 18.00 Monday to Friday;
2.3.3 printing off the Order Form, completing it and sending a hard copy to us by fax on + 44 208 203 2980 or in the post to Intirium (UK) Ltd, Mountcliff House, 154 Brent Street, London NW4 2DR England.
We will not accept orders placed in any other way than those listed above.
2.4 When you place your Order, receipt will be acknowledged by email immediately and you will be given a Customer Order Number by email or by fax. If you have not placed your Order electronically, we will acknowledge receipt and issue your Customer Order Number by telephone or by fax. The acknowledgement of receipt of your Order does not amount to acceptance of the Order.
2.5 By placing an Order you make an offer to us to purchase the Products you have selected on the basis of these terms and conditions. We may or may not accept your offer at our discretion. No Order placed by you will be deemed to have been accepted by us unless we issue an Order Confirmation.
2.6 If we accept your Order, we will send your Order Confirmation to you by email, fax or by post. The Order Confirmation will be effective on sending. You will be bound to purchase the Product at this point. If we cannot accept your Order, we will attempt to contact you by email, telephone, fax or post. If you have placed your Order electronically you may correct any input errors by sending an email to us at the address shown below in the “Contacting Us” section within 2 calendar days of receipt of the Order Confirmation.
2.7 Whilst we will make every effort to supply you with the Products listed in the Order Confirmation, there may be occasions where we are unable to supply these Products because, for example, such Products are no longer being manufactured. In such circumstances we will contact you to inform you of the situation and may suggest alternative Products that you might wish to purchase.If you do not accept our suggestions then we will cancel your Order in relation to those Products which we cannot supply and repay you any money that you may have paid to us in respect of those Products within 28 calendar days of cancellation. The repayment of such monies will be the extent of our liability to you if we are unable to deliver Products which we have contracted to supply to you.
2.8 Information contained in our advertising, brochures, quotations, other written materials, on our website or given to you by our agents or employees constitutes an invitation to treat. No such information will amount to an offer by us to supply any Products.
3. Prices, Taxes and Duty
3.1 The price for the Products will be the price shown on the Intirium Website or in the Quotation on the date of sending of the Order Confirmation unless a contrary price appears in the Order Confirmation which will, in the absence of a mistake, have priority over any other price quoted. The price will be shown exclusive of VAT and delivery charges unless otherwise stated. We reserve the right to amend the price at any time in the event of a mistake wherever this may appear (including, without limitation, where it is in the Order Confirmation). All unforeseen increases such as, but not restricted to, shipping costs, levies, tax and duty, will be added to the final balance and will remain the responsibility of the customer to pay up until delivery.
3.2 All products are subject to VAT at the applicable rate as indicated on the Intirium Website, the Quotation and/or your invoice. VAT will be charged on all Products delivered within the EU and EEA.
3.3 Delivery costs, where applicable, are payable by you as indicated on the Intirium Website, the Quotation and/or on your invoice.
3.4 Unless you have been specifically advised in writing that your Order includes standard Customs Clearing and import duty, you will be responsible for import formalities and any tax and/or duty levied on arrival by Customs and/or other Governmental Agencies.
3.5 In the event of a Customs – or security inspection in Europe, for goods in transit or upon arrival at port of destination outside the EU, all Customs and security inspection fees as well as associated warehouse storage costs, will be your responsibility to pay Intirium, the shipper or local agent responsible for Customs Clearing, prior to delivery.
3.6 To comply with US Homeland Security Department regulations for Customs Clearing, a valid Social Security or IRS number together with Date of Birth must be provided with each and every consignment to be imported into the United States of America.
4. Paying for your Products
4.1 Upon placing your Order you will be required to pay a deposit of 30% of the total price of the Products ordered. We will not release your Order to the manufacturer or begin arrangements for the supply of the Products to you until either your credit card issuer has authorised the use of your card for the payment of the deposit or we have received the deposit in cleared funds from you where you are paying by cheque, wire transfer or cash.
4.2 Before we arrange for shipping of the Products to you, you will be required to pay the full balance of the purchase price to us. We will not ship or deliver the Products until your credit card issuer has authorised the use of your card for the payment of the balance due in respect of the Products or we have received the balance in cleared funds from you where you are paying by cheque, wire transfer or cash. If we do not receive payment in cleared funds within 21 calendar days of the balance being requested by us prior to delivery, your Order will be cancelled and your deposit will be forfeited (except to the extent that your Order was for Non-customised Products and you are a Consumer).
4.3 You may pay for your Products by the methods of payment displayed from time to time in the payment section of the Intirium Website.
4.4 You must make payment in either Pounds Sterling or Euros unless otherwise agreed.
4.5 If you are paying by credit card then you must supply your credit card details when you place your Order.
5. Manufacture of your Products
5.1 Manufacturing times in respect of the Products vary. We will endeavour to give you an indication of the likely time required for manufacture and delivery. Any such indication is an estimate only and will not be binding upon us.
5.2 We will contact you once the Products have been manufactured in order to arrange a delivery time and discuss your delivery requirements with you.
6. Delivery of your Products
6.1 Following receipt of payment in full in respect of the Products we will deliver your Products to the delivery address as shown in the Order Confirmation. If you are paying for your Products by credit card, we will deliver your Products to the billing address for your credit card as indicated on the Order Confirmation, unless agreed otherwise.
6.2 Any date for delivery given by us is an estimate only. We cannot accept any liability for failure to deliver the Products within any time specified by us. We will not be liable for any loss suffered whether directly or indirectly arising from any delay in the delivery of the Products.
6.3 Delivery times will be arranged with you in advance of delivery. You will be obliged to accept delivery of the Products when they are delivered by us on the agreed delivery day. Risk of loss in the Products will pass to you when they are tendered for delivery at the delivery or billing address as appropriate. If you are not at home to receive delivery on the pre-arranged delivery day one further delivery attempt will be made on another pre-arranged day. A re-delivery charge of £75 will apply. If this second delivery attempt also fails, the Products will be stored at your expense until you arrange for collection. Storage charges will be communicated to you and will be charged on a monthly basis. You are responsible for ensuring that there is adequate access and entry to your premises to allow delivery of the Products to take place. If it is not possible for the Products to be delivered into your premises, the Products will be stored at your expense until you arrange for collection.
6.4 Our delivery charges are as set out on the Intirium Website, the Quotation and/or on the Order Confirmation. We can discuss your particular delivery requirements with you and reserve the right to make such charges as appropriate in relation to any such special requirements.
6.5 Title to the Products delivered will pass to you following delivery and receipt by us of payment in full in respect of all Products ordered.
6.6 Customers are advised to employ professional tradesmen (eg carpenters and electricians) for the fitting and assembly of products which require careful and proper installation in accordance with manufacturers instructions and codes of practice. Prior to placing an order, we recommend that you ensure that the products you wish to purchase are compatible with the standards and specifications for such products in the country of their intended use.
6.7 In the event that goods are delivered damaged, we reserve the right to replace the item/s. Depending on the nature of the damage, a replacement product or section thereof will be provided if the original cannot be satisfactorily repaired.
7. Inspection of Your Products
7.1 You are required to inspect your Products when you take delivery of them. If the packaging is removed on delivery then you will be required to note any damage on the delivery documentation which is presented to you by the carrier for signature. In all other cases you will be required to notify us in writing of any damage within two calendar days of delivery. We will not be liable for any damage to any of the Products unless we are notified within the time periods specified above.
7.2 We will not be liable for any shortages in relation to the Products unless you notify us in writing of any such shortages within two calendar days of delivery.
7.3 Where it is impossible immediately to inspect the goods upon arrival, the Delivery Note should be signed with appropriate exclusions, clearly noting, that goods have not yet been opened and inspected. If the carton/s are damaged, this too should be clearly noted on the Delivery Sheet.
8. Your Right to Return Non-customised Products
8.1 If you are a Consumer and are not satisfied with any Non-customised Products you have purchased from us, you may return the Non-customised Product to us and obtain a refund of the purchase price if you contact us within 10 calendar days of delivery of the Product.
8.2 In order to exercise your option to return a Non-customised Product you are not satisfied with, you should telephone us on +44 208 202 5788 between 09.00 and 18.00 Mondays to Fridays to make arrangements for return. You must return the Non-customised Products in their original, protective packaging (where this has not been removed by the carrier) and in the same condition as they were in when delivered.
8.3 Provided the Non-customised Products are returned to us in the same condition as they were in when delivered we will refund the purchase price paid by you for them less the cost of their return to us.
8.4 You will not have the right to return any Products purchased from us which are made to your specifications or are personalised. Nor will you have the right to return any Products if you are not a Consumer.
9.1 We warrant that the Products purchased by you are of satisfactory quality at the time of sale and that they comply with the description given by us to them at the time of sale to you. Any claim against us for breach of warranty or condition must be made within the period of two years from the date of sale of the Products to you. The claim must also be made within two months of discovering or learning of the alleged defect. You will not be entitled to make any claim against us in respect of breach of any warranty or condition unless the claim is made within the relevant period set out above. Your sole remedy in respect of breach of warranty will, at our option, be either repair or replacement of the Products.
9.2 We make no warranty or representation in respect of the Products except as expressly set out above. All other warranties whether express or implied are hereby excluded to the maximum extent permitted by law.
10. Our liability
10.1 We will not be liable for any loss of income, loss of profits, loss of contracts or for any indirect or consequential loss or damage of any kind whether caused by tort (including negligence), breach of contract or otherwise.
10.2 Our maximum aggregate liability whether in contract, tort (including negligence) or otherwise will in no circumstances exceed the amount payable by you to us in respect of the Products in question.
10.3 We will not be responsible for ensuring that the Products are suitable for any particular or specified purpose.
10.4 Nothing in the Contract will limit or exclude our liability for death or personal injury caused by our negligence or for fraud.
10.5 If you are a Consumer then nothing in these terms and conditions will affect your statutory rights.
11. Contacting us
11.1 You can contact us:
11.1.1 by telephone on + 44 208 202 5788 between 09.00 and 18.00 Monday to Friday;
11.1.3 by post at Intirium (UK) Ltd, Mountcliff House, 154 Brent Street, London NW4 2DR, England.
When contacting us please quote your Customer Order Number.
11.2 Intirium (UK) Limited is a company incorporated in England with its registered office at Mountcliff House, 154 Brent Street, London NW4 2DR and with registered number 4530375. Our VAT registration number is 802 6871 33.
12. Data protection
By placing your Order you agree that we may store, process and use data from your Order Form for the purposes of processing your Order. Some of the information you provide to us will be passed to the companies we use for the delivery of the Products to you. If you so indicate on the appropriate section of your Order Form, by placing your Order you also agree that we may transfer such data to other companies whose products and services may be of interest to you. If you do not agree to our transferring such data to such companies in order to provide you with information on other products and services, you should indicate this in the appropriate section of your Order Form. You may obtain a copy of the data held by us concerning you on written request. We reserve the right to charge an administration fee for processing such request. If any data held by us concerning you is incorrect we will correct it upon your written request.
13. Circumstances beyond our reasonable control
We will make every effort to perform our obligations under the Contract. However, we cannot be held responsible for delays or failure to perform if such delay or failure is caused by any circumstances beyond our reasonable control. In the event of a delay, we will perform our obligations as soon as reasonably possible.
14. Governing law and jurisdiction
We will try to resolve any disagreements quickly and efficiently. The English courts will have exclusive jurisdiction in the determination of any dispute. The Contract is subject to English law.
15.1 Neither our failure or your failure to enforce any term of the Contract constitutes a waiver of such term. Such failure will in no way affect the right laid to enforce such term.
15.2 The invalidity or unenforceability of any provision of the Contract will not adversely affect the validity or enforceability of the remaining provisions.
16. Defined terms
16.1 In these terms and conditions:
“Consumer” means a customer who purchases Products otherwise than in the course of a business;
“Contract” means these terms and conditions together with your Order Confirmation;
“Customer Order Number” means the order number issued by us to you following receipt of an Order;
“Intirium Website” means our website for customers wishing to purchase Products, the web address for which is www.intirium.com;
“Non-customised Product” means any Product which has not been made to the customer’s specifications or personalised in any way;
“Order” means an order for Products placed by you in accordance with these terms and conditions;
“Order Confirmation” means the order confirmation issued by us to you indicating acceptance of your Order;
“Order Form” means the order form available on the Intirium Website;
“Product” means any product described on the Intirium Website or in a Quotation which we agree to supply to you on the basis of these terms and conditions;
“Quotation” means a quotation prepared in response to an enquiry received from a customer.