TERMS & CONDITIONS
BY ACCESSING THIS WEBSITE &/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS & CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE THIS WEBSITE.
These terms & conditions shall be governed by & construed in accordance with English law. Disputes arising in connection with these terms & conditions shall be subject to the exclusive jurisdiction of the English courts.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions & other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose & the use of reasonable care & skill) which but for these terms & conditions might have effect in relation to this Website.
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy & completeness of the material on this Website. We may make changes to the material on this Website, or to the products & prices described in it, at any time without notice. The material on this Website may be out of date, & we make no commitment to update such material.
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third-party websites & do not control & are not responsible for these websites or their content or availability. We, therefore, do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk.
Any Quotation provided by us before you submit an Order does not give rise to a binding obligation for us to supply those Goods & / or the Services.
Quotes provided are valid for 30 days from the date of issue. We reserve the right to amend quotes after the 30 days has expired, thereafter a new quote is required to reflect any potential price increase or decrease.
From when you place an Order with us, you are simply making an offer to purchase those Goods &/or Services in accordance with these conditions. We can reject any Order if we wish to do so for any reason, although we will normally tell you promptly the reason for our decision. An Order will be rejected unless it is accompanied by the price.
From the confirmation of order, you are automatically adhering to our terms & conditions.
When you place an Order with us, you are also adhering to our supplier selling terms & conditions. Supplier terms & conditions are available upon request.
The contract, that is our legal obligation to provide the Goods & /or the Services, together with your obligations to us will be formed upon our sending to you whether by email, fax or in the post, our Order Confirmation Form
We shall not be obliged to accept any further request to vary the contract once confirmed (whether regarding the nature & extent of the Goods & / or the Services to be supplied, the price for the same or otherwise) unless we choose to do so &, even then, only if the variation is agreed by you & us in writing & signed by each of you & us or someone authorised to do so.
The price for the Goods &/or Services is those specified in the Order Confirmation Form. In a contract that involves the provision of Services, we reserve the right to vary that element in the price relating to the installation of the Goods at your site or premises if we subsequently discover that the quality of the preparation work carried out by others to the area where the goods are to be installed is not to a satisfactory standard to enable us to complete the installation to the standard required.
If you fail to make any payment due under the contract by the due date for payment, then you shall pay interest on the overdue amount at the rate of 4% per annum above National Westminster Bank Plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.
You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding except as required by law. We may, without limiting our other rights or remedies, set off any amount you owe us against any amount we owe you.
The Goods will be packaged in our standard packaging (which is not waterproof). The cost of this is included in the price in the Order Confirmation Form. If the Goods you ordered require a special form of packaging, then the additional cost will be specified in the Order Confirmation Form.
Nothing in these Conditions shall limit or exclude our liability for:
(a) death or personal injury caused by its negligence, or the negligence of our employees, agents or subcontractors;
(b) fraud or fraudulent misrepresentation;
(c) breach of the terms implied by section 2 of the Supply of Goods & Services Act 1982 (title & quiet possession);
(d) breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title & quiet possession); or
(e) defective products under the Consumer Protection Act 1987.
We shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; & our total liability to the Customer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price for the Services as set out in the Order Confirmation Form.
The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 & the terms implied by sections 3 to 5 of the Supply of Goods & Services Act 1982 are, to the fullest extent permitted by law, excluded from the Contract.
Items may show as in stock on our site but may not necessarily be in stock. Please inquire with a member of our team for more information.
The lead time for stocked items may vary due to stock levels.
The production times for made to order products may vary depending on when an order is confirmed with the manufacturer.
This clause shall survive termination of the Contract.
In these Terms & Conditions “you” & “your” as appropriate refers to the Client & “us”, “our” & “we” refer to Yorkshire Design Associates Ltd.
When appropriate, Goods will be delivered to the delivery address supplied by you. We will endeavour to meet any specified delivery date, but such dates are estimates only & we shall not be liable for the consequences of any delay.
We shall, in any event, be entitled to extend the delivery period where a delay is caused by factors outside our reasonable control. Time for delivery shall not be of the essence of the contract unless previously agreed by us in writing.
You are considered to have given authority to any neighbours or work colleagues to accept delivery on your behalf & to sign the delivery note.
In the event of you not being present to accept delivery, any alternative delivery instructions which have been authorised by you, we will not, thereafter, be liable for the consequences of any Goods being lost or damaged.
We may deliver the Goods by instalments. Each instalment shall constitute a separate contract & failure by us to deliver any one or more of any of the instalments in accordance with these Conditions, or any claim by you in respect of any one or more instalments, shall not entitle you to treat the Contract as a whole, as repudiated.
If we accept responsibility for failure to deliver the Goods (or any instalment) our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar Goods to replace those not delivered.
If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without prejudice to any other right or remedy available to us, we may store the Goods until actual delivery & charge you for the reasonable costs (including insurance) of storage.
If you request to collect the goods from our premises or, alternatively, our agent’s premises, with prior consent, then you are responsible for the cost of & the condition or loss of goods in transit to their final destination. On the collection of Goods from our premises, any carriage costs incurred by us from our agent will be charged to you.
Notwithstanding delivery of the Goods, we still own them until you have settled all invoices relating to them & any other contracts between us.
You are responsible for the risk of damage to the Goods as soon as they are delivered to you or when the Installation Works have been completed, whichever is the latter.
You are responsible for covering the cost of insuring the goods in transit from our premises to your requested delivery address.
Unless specified otherwise in the Order Confirmation Form, the carrier will only be required to offload the Goods at a suitable point adjacent to a public highway as near as practically possible to the shipping address. The carrier will not be required to physically deliver the Goods into the site or premises at the shipping address.
We reserve the right to make reasonable amendments to our Terms & Conditions. If you would like to discuss any of the Terms & Conditions above, please do not hesitate to call our design team on +44 (0)1423 863097.
YDA Recommendations for receiving your new purchases.
Please take time to read these guidelines. They are designed to safeguard all parties in the unlikely event of delayed delivery or goods damaged in transit.
Make sure someone is available on the day of delivery.
Have a dry & clear space available for the product to be stored.
When receiving your delivery, please check all items with the driver to ensure everything on the delivery note has arrived.
Incorrect & visually damaged items should be returned with the driver immediately, marking the delivery note accordingly.
We are unable to accept shortage or damage claims received more than 2 days after delivery. For any items not reported to us within this time frame will need to be reordered & delivery costs, as well as admin charges, will be passed directly onto the customer.
Late notification is likely to delay installation for which we cannot be held accountable.
Under no circumstances should you remove your existing parts until you have checked all components thoroughly.
It’s important these guidelines are followed as claims for inconvenience & re-installation costs will not be accepted.
Research shows that over 90% of complaints regarding product failure are due to installer or handling errors.
Orders & Returns
Payment in full at the time of order is required before an order can be confirmed & placed. In the event of payment being declined we reserve the right to refuse the order.
Where orders of a large scale have been discounted, the amount of discount & prices are based upon the quantities quoted. We reserve the right to alter the quote to reflect any changes in quantities & or supplier price increase or decrease.
All quotations & invoices are inclusive of VAT unless stated otherwise. In the instance you are VAT exempt, a certification & company VAT number is required at the time of order. Failure to do so prior to confirmation may result in the full VAT being applied.
In the interest of price matching, we will require a headed written confirmation from the other service providers to be able to consider their offer.
You become the owner of the Goods on making payment in full as detailed in your invoice, inclusive of VAT & delivery charges.
We accept credit & debit cards for Mastercard & Visa. We do not accept American Express Cards. Transactions can be made either via the online shop, processed through the PayPal payment gateway or over the phone by calling our design team on +44 (0)1423 863097.
All descriptions & illustrations of Goods provided by us are intended for general guidance only & do not form part of any Contract between us. We provide them with the belief that they are as accurate as reasonably possible but cannot warrant their accuracy.
You are solely responsible for ensuring the accuracy of the terms of any order (including any applicable specification you submit) & for giving us any necessary information to enable us to perform the Contract.
In the event that an order has been placed in error, we will endeavour to fulfil the request to return the items in exchange or offer a refund where possible. We reserve the right to refuse the return of the item/s or offer a refund if the items are not resalable.
We reserve the right to make any changes in the specification of the Goods without notice to you which are required to conform with any applicable statutory or EC requirements.
While we will do our best to comply with any requirements you may notify us of, you are responsible for ensuring that the Goods are suitable for your purpose, meet your requirements & are in accordance with any description put forward by you.
It is your responsibility to check & determine your full ability to receive the Products ordered. This includes ensuring that the Products ordered can be transported through the doorways & stairwells, & will, physically & aesthetically, fit into your room of choice. Failure to do so will result in us reserving the right to accept the return of the Goods & a refund, on this basis.
Damages & returns must be reported to us within 2 days of receipt of goods. If you are reasonably dissatisfied with the quality of the Goods, we will honour a refund within 7 days of receipt of Goods into our premises, subject to them being received in the same condition as delivered.
Re-stocking charges will apply for returned unwanted goods, these will be charged to you at 30% of the full cost of the returned Goods, as detailed on the invoice.
Please be aware all Bisazza tiles are non-returnable. If we do offer the option to return any orders, postage is to be covered by the customer & a 50% restocking charge from the full RRP price will apply.
Under no circumstances will we accept the full or partial return of the Goods unless we have given you prior written authorisation notice. Goods that we agree to accept should;
(a) be returned in their original packaging, loaded on pallets as appropriate & protected from damp;
(b) be delivered to the carrier nominated by us in our returns authorisation notice; &
(c) include within the consignment a copy of our authorisation notice upon which the final date for the Goods to be returned is clearly marked, together with transportation documentation from you that clearly indicates the quantity & description of the Goods being returned.
In the event of returned items not being in the original condition & packing, Yorkshire Design Associates holds no liability for the goods in transit. In the event of a returned item or packaging being damaged in transit, we will not be able to offer a refund or replacement item.
Unless expressly stated in the returns authorisation notice, the fact that we have agreed to the return of some or all of the Goods is not by itself to be taken as an admission of an error on our part or that the Goods are defective, &, in addition to retaining the price, we reserve the right to charge you for any additional costs & expenses that we have incurred in facilitating the return of the Goods if, upon inspecting the returned Goods, it is established to our satisfaction that you had no right to seek their return.
The terms of these conditions shall apply to any Goods that we have agreed to repair or replace.
In the event of a replacement item being sent out, the cost of delivery will be passed onto the customer unless the item is faulty.
When you place an Order with YDA, you are also adhering to our supplier selling terms & conditions. Supplier terms & conditions are available upon request.
Bespoke products described alternatively as non-standard, customised, made-to-order or special-order Products; cannot be refunded & you will not be able to change the order once the item has entered production.
In the event that a fault occurs with your purchase, the guarantee lies solely with the manufacturer & not Yorkshire Design Associates. Where we will endeavour to arrange for a replacement part to be sent out, where possible, we cannot be held responsible if the item falls out of the manufacturing guarantee or terms & conditions.
In the event that a refund is requested, we require all faulty items to be returned to our showroom address before a refund can be considered.
We reserve the right to make reasonable amendments to our terms & conditions. If you would like to discuss any of the Terms & Conditions above, please do not hesitate to call our design team on +44 (0)1423 863097.
You agree to indemnify us fully, defend & hold us, & our officers, directors, employees & agents, harmless from & against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms & conditions by you, or your use of this Website, or the use by any other person using your registration details.
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), & any of our group companies & the officers, directors, employees, shareholders or agents of any of them, exclude all liability & responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, & whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
We aim to deliver the best design & e-commerce service, offering the finest quality products delivered to you in perfect condition, so, in the unlikely event that you are not fully satisfied with your Goods, you can tell us about your problems in the following ways:
If you have any questions or complaints about the Product, please contact us by calling our design team on Tel +44 (0)1423 863097 or write to us by email at email@example.com or by post to Yorkshire Design Associates, Unit 1C, Follifoot Ridge Farm Business Park, Pannal Road, Harrogate, North Yorkshire, HG3 1DP.
If you have any queries about these Terms & Conditions, or if you wish to make a complaint then please contact us in writing by email firstname.lastname@example.org or by post to Yorkshire Design Associates, Unit 1C, Follifoot Ridge Farm Business Park, Pannal Road, Harrogate, North Yorkshire, HG3 1DP.