ACS Terms & Conditions
ACS PROJECT MANAGEMENT
17 Market Place, Devizes, Wiltshire, SN10 1BA
Registered in England and Wales.
Company Number: 06051051
VAT Registration Number: 984 8807 53
PLEASE READ THE FOLLOWING COMMISSION TERMS AND FLOOR STORE CONDITIONS OF SALE CAREFULLY BEFORE USING (THIS “SITE”)
ACS Project Management accepts cheque payment, inter-bank transfers and sterling currency.
Please make cheques payable to: ACS Project Management
BACS payments: Natwest Bank PLC / Acc No: 35620617 / Sort Code: 52-30-27
Prices and Ordering:
The placing of an order or commission through this site is an invitation to accept offers for products and is not an offer to sell at a listed price. All orders for products are offers to purchase and are subject to acceptance by ACS Project Management. Acceptance takes place when ACS Project Management sends you confirmation by email to this effect, regardless of whether you receive it or not, but only to the condition that ACS Project Management may subsequently not be able to deliver the items or service, or may decide on reasonable grounds not to do so. Such reasons may include (but are not limited to) safety concerns, product availability, or for the reason that the product ordered has been listed for sale at an incorrect price due to typographical error or other error in pricing information. In any event, please check the details in our confirmation email on receipt and notify us immediately if any amendments need to be made.
Price and availability information is subject to change without notice. ACS Project Management reserves the right, at any time prior to acceptance, to refuse any order or any part of an order, or to require further and better information to enable it to evaluate and/or process the order. Without prejudice to the statutory rights afforded to consumers under English law, ACS Project Management accepts no liability for any failure to deliver product or service where this results from its inability to do so or its decision on reasonable grounds not to do so, provided that it takes all reasonable steps to notify you within 14 days of order placement that products will not be shipped as ordered. In such cases, ACS Project Management will not process any payment or will immediately refund any payment made in full.
It is your responsibility to raise any issue with you order from ACS Project Management giving sufficient lead time to prevent any loss or disappointment resulting from such non-delivery.
If you are a resident of the European Union, VAT at current rate will be added to any commission and is already present when applying product to ‘The ACS FLOOR STORE’ for payment. If you are a non-EU resident, VAT will not be charged.
You must notify us of any shortages, damages, defect in quality or conditions of the product or failure of the product to correspond with the specification within a reasonable period of time. We would normally expect to receive such response within (3) days of the date of delivery or installation where the defect or failure was not apparent or by reasonable inspection, within (3) days after discovery of the defect or failure. Failure to notify us within the reasonable time period will result in the loss of your right to reject the goods and your right to have any defects remedied subject to our absolute discretion. As the products supplied are not manufactured by ACS Project Management, you are not entitled to reject a product for reasons other than those set out above. All returns are subject to a 10% re-stocking charge. Your statutory rights are not or will not be affected.
Typographical and Pricing:
Errors in the event a product or service is listed at an incorrect price due to typographical error or error in pricing information, ACS Project Management shall have the right without any liability whatsoever to refuse or cancel any orders placed for product listed at the incorrect price. ACS Project Management shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card or Paypal account charged. If your credit card or Paypal account has already been charged for the purchase and your order has been cancelled, ACS Project Management shall issue a credit to your credit card or Paypal account to the amount of the incorrect price.
Warranty for Products Supplied by ACS Project Management:
ACS Project Management excludes all warranties, conditions and implied terms to the maximum extent permitted by applicable law. Except in respect of death or personal injury caused by ACS Project Management’s negligence, ACS Project Management excludes all liability arising out of or in connection with this contract to the maximum extent permitted by applicable law.
Disclaimers and Limitation to acs project management Liability for the Site: ACS Project Management provides the Site and its contents ‘as seen’ and makes no representations or warranties, either express or implied, of any kind with respect to the Site, its operation, content, information, materials or current year compliance. In addition, ACS Project Management does not warrant that the information accessible via this Site is accurate, complete or current. ACS Project Management disclaims all warranties, express or implied, of any kind with respect to the Site or its use, including but not limited to satisfactory quality and fitness for a particular purpose. You agree that ACS Project Management, its directors, officers, employees or other representatives (including third party and freelance) shall not be liable for damages arising from the operation, content or use of the Site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation, direct, indirect, compensatory, special, incidental, punitive and consequential. We are not liable for any third party products not purchased here at ‘the site’ and the terms and conditions of the supply of third party products are subject to the relevant suppliers’ terms and conditions. Our liability to you is at all times limited to the cost of the products supplied and does not at any time include any indirect loss or loss of profit.
Any contract made between you and ACS Project Management is deemed to have been concluded in England or Wales and will be interpreted, construed and enforced in all respects in accordance with the laws of England and Wales and you and ACS Project Management irrevocably submit to the non-exclusive jurisdiction of England and Wales.
This Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “external sites”). ACS Project Management is not responsible for the availability of, or the content located on or through any external site, nor for any transactions between you and such sites (including as to ‘personal data’, confidential information, or purchases of goods or services). You should contact the site administrator or webmaster for those external sites if you have any concerns regarding such links, content or transactions.
All rights in the site design, text, graphics and other content, interfaces and the selection and arrangements thereof, underlying source code, software (including Applets & Widgets) and all other material on this Site belong to ACS Project Management or its licensors. All rights are reserved as set out below. Permission is granted to electronically copy and to print hard copy portions of this Site for the sole purpose of placing an order with ACS Project Management. Any other use of materials on this Site, including reproduction for purposes other than those noted above, modification, distribution or republication, without prior written permission of ACS Project Management is strictly prohibited. You acknowledge that you have no rights in respect of any of the Intellectual Property (including but not limited to any means any copyright works, inventions, domain names, patents, web-rights, online rights, registered design, confidential information, know-how, show-how or other industrial or intellectual property right registered or unregistered) of ACS Project Management in respect of any of ACS Project Management or third party products or those of its suppliers (collectively the “Products”). You agree not to reproduce or cause to have reproduced any of ACS Project Management products or commissioned designs, artwork or pending concepts.
Our performance of any part of a contract with you is subject to variation or cancellation and the grant of an extension of time from any cause arising from an act of God, war, strikes, lock-outs, flood, drought or other cause of any nature whatsoever beyond our control or owing to inability and time to procure materials, labour or any articles at all and you agree to accept increased prices for the products due to any of the aforesaid reasons.
CONDITIONS OF PURCHASE SPECIFIC TO THE ACS FLOOR STORE
This section details our and your responsibilities during the purchase of products from our online store.
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods.“we” and “us” means ACS Project Management (incorporated in England and Wales) and “you” means the customer.“Business Sales” includes selling to a trade, profession or professional body.“Consumer Sales” includes selling to any person who is purchasing for purposes outside of their normal business.“Delivery Address” means the address at which we agree to deliver the Goods.“Goods” means the goods which we agree to provide to you on these terms.“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address.“Price of the Goods” means the price for the Goods shown as exclusive of VAT and delivery in the case of Business Sales and the prices shown as exclusive of VAT but exclusive of delivery in the case of Consumer Sales.“Total Price” means the price for the Goods and any delivery cost inclusive of VAT.
Order and Sale:
2.1 You order and agree to buy, and we agree to sell, the Goods at the Price, subject to these terms and conditions.
2.2 Products which are not standard and are therefore specifically ordered for you or fabricated for you must be paid for in full before the order/fabrication will be processed and cannot be cancelled after the order/fabrication process has started.
Applicable terms, conditions and representations:
3.1 These terms are the express terms and conditions governing the Agreement.
3.2 There cannot be a variation or change to anything in this Agreement unless it is agreed in writing and signed by both of us.
3.3 It is your responsibility to check that all the details relating to your order are correct and to provide us with all relevant information relating to the environment in which the Goods are intended to be used and for their Delivery.
3.4 It is important that you check your measurements carefully. An order should always include an additional 10% to allow for wastage to cover cutting, minor imperfections, as could be expected with the type of stone and finish ordered, and breakage. If you do not order enough, subsequent Goods (as they are a naturally occurring product) may not be exactly the same as the original Goods.
3.5 We can provide estimates of quantities of Goods but this will be based on general guidelines and the measurements which you have supplied. It is your responsibility to provide accurate measurements to ensure that the correct quantities of Goods are ordered. You should therefore seek professional advice as variations in surfaces and angles may affect the quantities required. We will not be responsible for any shortfalls or surpluses.
3.6 Where you are acting other than as a consumer, you confirm that you are not entering into this Agreement on the basis of, or relying on, any representation made to you by us that is not expressly incorporated into this Agreement in writing and signed by both of us.
3.7 As we have not carried out a survey or inspection of the installation site of the Goods, we cannot give any warranty as to the suitability of the Goods for that, or any other given environment. If you are acting other than as a consumer, you cannot rely on any implied or express representation, advice or information given to you by us that is not incorporated into the Agreement and signed by both of us.
3.8 We cannot be held responsible for circumstances beyond our reasonable control. This may include (without limitation) shortfalls at source, natural disasters and restraints or delays affecting suppliers or transportation to us. We will endeavour to notify you as soon as possible should these problems occur.
3.9 In the case of Business Sales, you confirm that these are the only terms of the agreement between us and any provisions upon which you purport to purchase including those on any of your purchase order, or confirmation of order or similar documents or forms do not apply to this agreement between us.
Description and samples:
4.1 All descriptions, images (in both print and on the internet) and samples of our Goods are for the purpose of giving an approximate representation of the Goods only.
4.2 You acknowledge that the Goods are natural and geological variations will occur in terms of colour, markings, texture, size and between consignments, which are beyond our control. We advise you to view as much of the Goods as possible before entering into this Agreement.
4.3 You should be aware that all of the Goods are porous to some degree and should be sealed. Some may easily be scratched and/or be subject to natural pitting/chipping.
5.1 The Price is the price indicated as exclusive of any value added tax, and delivery charge, which you must pay in addition.
5.2 We reserve the right to change the Price by giving you notice at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, alteration of duties, increase of the costs of materials and such like. If we change the Price and you are not happy with it, you will be able to cancel your order. Products which are not standard and are therefore specifically ordered for you or are fabricated for you cannot be cancelled after the order/fabrication process has started. If we do agree to cancel the order, you will be liable for any reasonable costs incurred.
6.1 Payment is required on placement of your order. Please note that we will not arrange delivery until we are in receipt of cleared funds.
Delivery & Collection:
7.0 Orders requiring next day delivery need to be placed before 11am in order to allow for sufficient processing time.
7.1 We shall endeavour to have the Goods delivered to the Delivery Address on the Delivery Date, but time for delivery is not of the essence of this Agreement. We often use an independent delivery company for which we are not responsible so we cannot guarantee delivery times.
7.2 The Goods will be off-loaded at the nearest accessible point to the Delivery Address at the discretion of the driver, which may be the kerb side. The driver will not handle the Goods further.
7.3 You must make us aware of any access restrictions or difficulties for a large lorry and you must ensure a responsible person is at the Delivery Address at the time of Delivery to supervise the off-load and sign for the Goods.
7.4 The cost of delivery is in addition to the Price and subject to VAT.
7.5 If we are not able to deliver the Goods as a result of you not complying with your obligations under these terms, the Goods will be retained by the driver and you will be responsible for any re-delivery or storage charges. Delivery charges in any circumstance are non re-fundable.
7.6 You may only collect your Goods by arrangement and only in a vehicle capable of being fork-lift loaded (unless otherwise agreed in writing). If you arrange transportation of the Goods, it is at your own risk and we will not accept claims for damage or breakages. Collection will be charged at the same price as delivery.
7.7 Arrangements can be made for an order to be picked and held for up to 8 weeks from order confirmation, allowing a customer to select a delivery date (this service is charged at our 2-3 day delivery rate)
Risk and Property:
8.1 The risk of, for example, breakage, loss and damage in the Goods will pass from us to you on completion of delivery or, if you decide to collect the Goods, at the point of collection.
8.2 The ownership of the Goods will not pass to you until we have received payment of the Total Price in full in cleared funds.
Unpacking, stacking and storing:
9.1 Care needs to be taken when unpacking the Goods as the spacers may need to be removed from the packaging before the Goods are lifted out. The Goods should always be stacked and stored vertically (on edge) but not on a hard surface as this may cause unnecessary edge chipping. We cannot be held responsible for damage which occurs after delivery or, if you decide to collect the Goods, after collection.
9.2 Stone tiles may need to dry out before the installation process begins. You should ask your fitter to advise you if this is the case.
Examination and Acceptance:
10.1 We take care to ensure that all of our Goods leave us in perfect condition. If there is any obvious damage to the Goods, please make a note of the damage on the delivery note. If the Goods are deemed and proven to be damaged on delivery, by way of documentary evidence such as a photograph, we will bear the cost of re –delivery and replacement Goods. Please note that you will still be required to notify us under clause 10.2 and 10.3 (as applicable).
10.2 If the Goods are not of the correct type or damaged, you should notify us as soon as possible (within 3 days) and we will either refund to you the Total Price or make available replacement Goods (at your option). If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement Goods and collection of the original Goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.
10.3 If an incorrect amount of the Goods are delivered or collected, you should notify us as soon as possible (within 3 days) and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.
Limitation of Liability:
11.4 We will be liable for your losses arising out of the provision by us of a shortfall in, or defective or damaged Goods to the extent that such losses are reasonably foreseeable. However, we will not be liable to you for lost working time or the cost of third party contractors where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, sealants or installation techniques or if the environment in which the Goods are installed is unsuitable.
11.5 Please note that we sometimes provide extra and/or damaged extra tiles to you free of charge with your order, which may be of use to you. We will therefore only be liable to you if we have not provided you with the quantity of Goods which you ordered in a non-defective and undamaged condition.
11.6 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.
Right of Cancelation:
This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.
Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.
12.1 You may cancel this Agreement within 3 working days (period of cancellation) beginning the day after you receive the Goods.
12.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter, fax or email sent within the 3 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 3 days.
12.3 You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.
12.4 If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can collect them from you. If we collect the goods, then you will be liable for the cost of collection.
12.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.
Fixing Products and Installation:
13.1 Any advice given by us or our staff relating to fixing products and installation is given in good faith but should be used as a general guide only as we have not carried out a survey of the place of installation of the Goods and cannot therefore be sure that our advice is correct. It is your responsibility to purchase the correct fixing products and sealants for the environment in which (and in particular the surface upon which) the Goods will be installed. We recommend that you take advice from a professional fitter.
13.2 It is your responsibility to ensure a professional fitter is carrying out your installation. We strongly recommend that you take up independent references.
13.3 We cannot therefore be responsible for the manner of installation (unless commissioned by us) of the Goods or for damage caused during or arising out of installation.
This Agreement is not intended to and does not give any third parties any right to enforce any of its provisions.