Terms & Conditions
1. Definitions
1.1 "The Company" means Pink Parahoo c/o The Brick Merchant
1.2 "The customer" means the person or company whose order for the goods is accepted by The Company
1.3 "The goods" means the goods which The Company is to supply
2. The contract between The Company & the customer.
2.1 By placing an order the customer agrees to be bound by and accept these terms and conditions.
2.2 These conditions shall apply to all contracts for the sale of goods by The Company to the exclusion of all other terms and conditions, including any terms supplied by the customer at the time.
3. Quotations
3.1 Unless otherwise stated in writing all quotations and estimates by The Company are valid only for 3 days and may be withdrawn at any time before receipt of an order.
3.2 Prices quoted are not fixed unless agreed in writing by a company signatory.
4. Orders
4.1 The Company reserve the right to adjust prices, offers, goods and specifications of goods on the website at its discretion at any time before accepting an order.
4.2 The customer shall be responsible to The Company for ensuring the accuracy of the terms of any order and any applicable specification.
4.3 Whilst every effort is made to exactly match bricks, The Company cannot guarantee a 100% match if matching from photos sent via email due to the variation in monitor settings. The Company would advise customers request a sample before placing an order. In the event a customer refuses to have a sample provided, the customer forfeits any right to refuse a delivery or seek a refund in the event that the goods are incorrect.
4.4 The placing of an order by the customer, must be accompanied by sufficient information to enable The Company to proceed with the order, otherwise The Company may amend prices to cover any increase in costs, which has taken place after acceptance.
4.5 The quantity, quality and description of the goods shall be those set out in a quotation or in the delivery note.
4.6 If the customer cancels the order once the goods have been dispatched there will be an additional charge.
5. Delivery
5.1 Deliveries are made weekdays between 08:00 and 18:00 (excluding bank holidays). The Company are unable to offer timed deliveries.
5.2 All deliveries will be delivered to the address stated on the order and only a kerbside delivery can be guaranteed. The Company or its agents will do their best to deliver closer to the property if access allows. Delivery will not include carrying materials up paths or to rear gardens.
5.3 Access to sites must be on hard roads over which a vehicle can pass without sustaining or causing damage of any kind.
It is the customer's responsibility to let The Company know if there are any access difficulties, low bridges, narrow single lanes, weight limit roads, steep driveways or hills. Please call 0121 210 5290. The customer must also inform The Company if they have a gravel driveway as pump trucks cannot be used. If The Company or its agents cannot gain access to the delivery address then additional costs may be incurred.
5.4 The Company reserves the right to charge the customer an additional charge where:
(i) Delivery of the goods is required in part loads rather than full loads
(ii) For any reason, the delivery vehicle is unable to unload at the customer's site
(iii) The customer redirects a delivery
(iv) Delivery cannot be made because of unsuitable access or inadequate information provided by the customer
(v) Orders are cancelled by the customer once dispatched will incur a maximum restocking fee that will not exceed 33% of the order value.
5.5 If no one is available at the address at the time of delivery, the driver will retain the goods, and The Company will await further instructions. Please note: there may be an additional charge for re-delivery, which must be paid before re-delivery.
5.6 The Company shall not be liable for any losses, costs, damages or expenses incurred by the customer or any third party arising directly or indirectly out of any failure to meet any estimated delivery date.
5.7 The customer must examine the products immediately upon delivery, sign the delivery note and in all cases inform the company within two (2) days of delivery of any damage or shortages.
5.8 If no signature is obtained, it will be assumed the goods are accepted in full and no claims for damages or shortages will be considered by The Company
5.9 The Company will replace free of charge damaged goods provided notification of damage is received within two (2) days of delivery, but not otherwise and provided the packaging and contents have been retained for inspection.
5.10 Shortage claims will only be considered if The Company receives notification of such shortage within two (2) days of delivery, but not otherwise.
5.11 Once delivered no goods may be returned to The Company without prior written consent.
5.12 Haulage charges are non refundable.
6. Prices
6.1 The Company reserves the right by giving notice to the customer 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 Company's control (such as, without limitation, any foreign exchange fluctuation, currency regulation, alternation of duties, significant increase in the costs of labour, materials, haulage or other costs), any change in delivery dates, quantities or specifications for the goods which is requested by the customer, or any delay caused by the customers instructions or the customers failure to give The Company adequate information or instructions.
6.2 Unless otherwise stated, all prices are exclusive of Value Added Tax.
7. Payment
7.1 Payment must be received before despatch of the goods.
7.2 The customer must provide identification for all credit/debit card payments. Acceptable forms of identification are photo card driving licence or passport.
7.3 The customer confirms that the credit/debit card that is being used is theirs. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of the card refuses to authorise payment The Company will not accept the order and will not be liable for any delay or non-delivery. The Company is not obliged to inform the customer of the reason for the refusal.
7.4 The Company is not responsible for the customer's card issuer or bank charging the customer as a result of The Company processing the customer's credit/debit card payment in accordance with the order.
7.5 The customer shall not have a right of counterclaim, discount, abatement or otherwise nor to withhold payments properly due to The Company in the event of any dispute with The Company.
8. Risks and Title
8.1 Unless otherwise stated title to the goods passes to the customer upon delivery of the goods.
8.2 Risk of damage to or loss of the goods shall pass to the customer:
(i) At the time when The Company notifies the customer that the goods are available for collection
(i) Once the goods have been delivered to the customer's site
(ii) If they customer wrongfully fails to take delivery of the goods, the time when The Company have tendered delivery of the goods.
8.3 Until such time as the property in the goods passes to the customer (and provided the goods are still in existence and have not been re-sold), The Company shall be entitled at any time to require delivery of the goods back to it's premises and, if the customer fails to do so forthwith, to enter upon any premises of the customer or any third party where the goods are stored and repossess the goods.
9. Export Sales
9.1 Where materials are supplied for export from the United Kingdom:
(i) The terms in force at the date of the contract will apply to these conditions, if there is any conflict between the provisions of the terms and these conditions the latter will prevail
(i) The provisions of this clause shall (subject to any special terms agreed in writing between The Company and the customer) apply notwithstanding any other provisions of these conditions
9.2 The customer shall be responsible for complying with any legislation or regulations governing the importation of the goods into the country of destination and for the payment of any duties there on.
9.3 Unless otherwise agreed in writing the customer shall be responsible for arranging for inspection of the goods at The Company's premises before shipment. The Company shall have no liability for any claim in respect of any defect in the goods or failure to comply with any agreed specification which would be apparent on inspection and which is made after shipment or in respect of any damage during transit.
10. Descriptions
All descriptions and samples of goods are approximate only and are intended to serve as a guide. The Company shall not be liable to the customer for their accuracy.
11. Force Majeure
The Company accepts no liability for any failure to deliver goods to the customer arising from circumstances outside of The Company's control.
12. Entire Agreement
These terms and conditions cannot be varied except in writing signed by a director of The Company. Nothing said by any member of staff on behalf of The Company should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by The Company. The Company shall have no liability for any such representation being untrue or misleading.
