Terms and Conditions
The Grand Interior Terms and Conditions
In this agreement, the following terms used refer to:
1.1 "Buyer" means the organisation or person who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer by the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trademarks, and all other forms of intellectual property wherever in the world enforceable under the law;
1.4 "List Price" means the list of prices of the Goods or products as made available by the Seller from time to time;
1.5 "Seller" means The Grand Interior Designers.
- GENERAL TERMS
2.1 These Terms and Conditions apply to all the services rendered by the Seller to the Buyer. By using this website to access any of our services, you agree with the terms stated in this agreement. If you don’t agree, please do not use our services.
- PRODUCT INFORMATION
3.1 Any description of the products on this website is made available as is and are for reference purposes only.
3.2 The Grand Interior Design will endeavour to provide accurate and up-to-date product information whenever possible. However, the Buyer should confirm by email or telephone current specifications.
3.2 The Seller reserves the right to alter prices or withdraw and modify the description or models from time to time without directly notifying previous Buyers. Products illustrated in all of the Seller's literature and websites are done so as accurately as modern reproduction methods will allow.
- PRICE AND PAYMENT
4.1 All prices are wholesale prices excluding VAT or any other applicable costs. For customers in the Netherlands, we apply a 21% VAT to the price. All goods are sold ex-works and carriage shall be paid for by the Buyer.
4.2 If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
4.2.1 require payment in advance of delivery in relation to any Goods not previously delivered;
4.2.2 refuse to make delivery of any undelivered Goods whether ordered under the contract or not and without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
4.2.3 terminate the contract.
- DELIVERY SERVICE
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer within the timescale specified by the Seller when they register or when they checkout.
5.2 Shipping is not included in the price and works as follows: at checkout customers can choose to request a shipping quote. When we receive the order we calculate the shipping fee with our forwarder (DB Schenker) and send an invoice. For overseas orders the order needs to be at least enough to fill a 20ft container otherwise it's too expensive.
5.3 The delivery period specified by the Seller is an estimate only and shall not be of the essence of the contract. All deliveries conducted by the truck method will be booked in advance by telephone and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery
5.4 The Seller shall use its reasonable endeavours to meet any stated delivery period or booked delivery date. In any event, time of delivery period or delivery booking 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 period or date.
5.5 If the Seller is unable to commence delivery of the Goods for reasons beyond its control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be affected and the Buyer shall be liable for any expense associated with such storage.
5.6 If the Seller is unable to complete delivery whilst the Goods are in transit for reasons beyond its control, then the Buyer shall be liable for any wasted delivery expenses incurred by the Seller.
- CANCELLATION AND RETURNS
6.1 During delivery the Buyer shall inspect the packaging for visible signs of transit damage before signing any delivery receipt document. In the event of visible signs of transit damage the Buyer must clearly sign the goods received as ‘damaged' on the delivery receipt document before signing. The Buyer shall then notify the Seller within 24 hours.
6.2 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 1 day of delivery if the Goods are transit damaged, defective or do not comply with any of the Contract.
6.3 Where the claim of pre-installation damage is made then it shall be the responsibility of the Seller to collect the damaged Goods and the Buyer shall be entitled to replacement Goods or a full refund including any applicable shipping costs.
6.4 Goods to be collected must be fully re-packaged and sealed in the original packaging format clearly showing the order number obtained from the Seller and must be immediately available for collection. The Grand Interior will not accept any attempt to apply storage charges from the Buyer in this period.
6.5 Where the claim of post-installation defect is made then it shall be the responsibility of the Buyer to return the faulty Goods. The Buyer shall be entitled to replacement Goods or a full refund including shipping costs provided a manufacturing fault can be established and not as a result of misuse by the Buyer or a third-party user.
7.1 Any Goods to be repaired or replaced shall be returned to the Seller at the Buyer's expense, if so requested by the Seller.
7.3 Where the Goods have been manufactured and supplied to the Seller by a third party, any warranty granted to The Grand Interior in respect of the Goods shall be passed on to the Buyer.
7.4 The Grand Interior shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
8.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
8.1.1 the correspondence of the Goods with any description;
8.1.2 the quality of the Goods
8.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
- LIMITATION OF LIABILITY
9.1 Where any court or arbitrator determines that any part of this agreement is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
9.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller's negligence or that of its employees or agents.
- FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to natural disruptions, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
- RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
- ASSIGNMENT AND SUBCONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
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 of agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.
- INTELLECTUAL PROPERTY AND RIGHT TO USE IT
The Buyer acknowledges and agrees that all copyright, trademarks and all other intellectual property rights in all the Seller's literature and websites shall remain at all times vested in the Seller. The Buyer is permitted to use this material only as expressly authorised by the Seller. The Buyer acknowledges and agrees that the material and content contained within the website is made available for personal non-commercial use only and the Buyer may (if necessary to make a purchase on the website) download such material and content. Any other use of the material and content of the website is strictly prohibited. The Buyer agrees not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
- WEBSITE USE AND LINKS
- Access to and use of the Sellers websites are subject to these Terms and Conditions. The Buyer agrees that use of these website services is entirely at the risk of the Buyer.
16.2 By using the Sellers websites the Buyer agrees not to attempt to undermine the web site's functionality and integrity
16.3 The Sellers websites may include links to third party websites that are controlled and maintained by others. Any links to other websites are not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
- GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Netherlands and the parties hereby submit to the exclusive jurisdiction of the European courts.