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Terms & Conditions
CONDITIONS OF SALE
The “Company” and “Orbe Design” means Orbe Design Ltd, a company registered in England and Wales under registration number is 12035361, and whose registered office is at 2 The grampians, Shepards Bush Rd, London W6 7LN. The Company’s registered VAT number is GB 325 354220. The “Customer” means the person(s), firm or company named in the “Invoice to” section on the Company’s documentation. “Goods” means the goods which the Company supplied pursuant to the order. “Services” means the services sold or agreed to be sold by the company to the customer
Terms – These are the terms and conditions (“Terms”) on which we supply Goods to the Customer and shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Terms) or referred to in any documentation submitted by the Customer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing. The Company’s acceptance of the Customer’s order (including telephone orders) shall be effective only where such acceptance is in writing on the Company’s order acceptance form, at which point a contract will come into existence between you and us. Terms should be carefully read prior to submission of an order to us. These terms tell you who we are, how we will provide Goods to you, how you and/or we may change or end the contract, what to do if there is a problem and other important information. If you think there is a mistake in these terms, please contact us to discuss. The Customer can contact us via the following methods: a) Telephone: +447585800871 b) Email: firstname.lastname@example.org If we have to contact the Customer we will do so by telephone or by writing to the Customer at the email address or postal address provided in the order. The use of the “writing” or “written” in these Terms shall include emails as well as text messages and WhatsApp.
If we are unable to accept your order, we will inform you of this in writing and will not charge you for the Goods. This might be because the Goods are out of stock or undeliverable within date requirements, because we have identified an error in either price or other description of the Goods or because we are unable to meet a delivery deadline you have specified.
Pricing – Any prices (which include VAT) quoted by the Company are valid for a period of 30 days from date of quotation and may thereafter vary and be subject to change unless specified otherwise upon the quotation.
Supplier surcharges quoted by the company are due to the rise in cost of raw material and shipping charges. These are charged by the supplier and are non-refundable upon either processing or shipping of the order by the supplier as determined by the respective supplier.
The Company shall not be obliged to make delivery until the Company receives payment in full in cleared funds. Trade Customers with credit facilities with the Company shall, unless otherwise agreed in writing, pay in full within 30 days of the date of the invoice. On-time payment is of the essence of the contract. The Company reserves the right to charge interest on debts at a rate of 8% above the Bank of England base rate, on any debts not settled after 30 days past due. The Company reserves the right to suspend the provision of Goods to the Customer where any amounts are overdue under any contract with the Customer until such amounts have been paid. The Customer shall pay without set-off, counterclaim, deduction or withholding every amount due to the Company. Any extension of credit allowed to the Customer may be changed or withdrawn at any time. Notwithstanding any purported contrary appropriation by the Customer, all payments made by the Customer to the Company shall be appropriated first to any Goods that have been resold by the Customer and then to Goods that remain in the possession or under the control of the Customer. All “bespoke” or other items indicated as “special order” must be paid for in full before the Company will commit to ordering these on behalf of the customer.
If the Customer contacts us in writing to end the contract for any of the reasons set out under paragraphs (a) to (d) below, the contract will end immediately upon our receipt of such notice.
The reasons are as follows:
a) We have notified you of an upcoming change to the Goods or the terms and conditions, which you do not agree to; (b) We have informed you of an error in the price or description of the Goods you have ordered and you do not wish to proceed; (c) We have suspended the supply of the Goods for technical or health and safety reasons, or we notify you that we are going to suspend them for technical or health and safety reasons, in each case for a period of more than 3 months; or (d) You have a legal right to end the contract due to Company error.
If you are not ending the contact for one of the acceptable reasons set out above, then the contract will end immediately upon you contacting us in writing and we will refund any sums paid by you for Goods, any Goods which have not been delivered (or if they have been delivered, returned to us by you in impecable condition as determined by the respective supplier), but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. Notwithstanding the above, once a Customer has placed an order for special or bespoke Goods (“Bespoke Goods”) the Customer may not end the contract for Bespoke Goods without our prior written consent. Any termination by a Customer of an order for Bespoke Goods to which we agree will be subject to due compensation for any costs already incurred by the Company whether paid or not at that time (“Bespoke Goods Costs”). Bespoke Goods Costs will either be deducted from any prepayments made by you and the balance returned to you or will otherwise be and remain your responsibility to pay to the Company. Bespoke Goods Costs include any costs incurred by us and either already paid or contracted to be paid to any third-party suppliers and/or manufacturers. Any Goods accepted for return/cancellation will be subject to a minimum 15% re-stocking/handling charge of the supplier’s suggested retail price; in addition, the Goods will only be accepted back providing they are not classed as special or bespoke and they are returned to us in their original packaging/condition undamaged and in resaleable condition as determined by the respective supplier and it is within 30 days of the delivery date. This does not affect your right to return faulty manufactured items.
If you wish to exercise your legal rights to reject Goods you must return them either by posting them back to us or (if they are not suitable for posting) arrange collection with us. Charges may apply for collection.
The costs of delivery will be as notified to the Customer during the order process. The Company will contact the customer with an estimated delivery date & time. The Company reserves the right to supply the goods in one or more consignments (unless expressly agreed otherwise) and each consignment shall be paid for separately in accordance with payment terms agreed, in default of which (without prejudice to other rights or remedies) the company shall be entitled to withhold further supplies. We have a tailboard kerbside delivery service and where possible these will be delivered to your site address if we can park without contravening any parking restrictions or Health & Safety Regulations. Our insurance coverage stipulates that we can deliver goods solely to ground floor locations. It is the Customer’s responsibility to ensure that adequate and competent assistance is available to off-load the item(s) being delivered. If the Customer refuses or fails to take delivery of the Goods tendered in accordance with the order acceptance form or fails to take any action necessary on its part for delivery and/or shipment of the Goods, the Company is entitled to terminate the contract with immediate effect; to dispose of the Goods as the Company may determine, and to recover from the Customer any loss and additional costs incurred as a result of such refusal or failure (including, without limitation, storage costs from the date of delivery) as well as apply additional costs, where applicable, for further deliveries. The Customer agrees to accept delivery within six weeks of the order being fully available. In the event of the Customer not accepting the goods within this period, the Company reserves the right to charge storage and insurance of the goods not delivered at the rate of 5% per month or part thereof. If delivery of the Goods is delayed by an event outside our control, we will contact you as soon as possible to let you know and we will take steps to minimise the effects of the delay. The Company will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any Goods you have paid for but not received, excluding but not limited to “bespoke” or “special order” items.
The Customer shall be responsible for checking the goods at the point of collection. The Company shall not be responsible for any claims for damage or shortage after the time of collection.
Installers, if introduced by the Company, are by way of referral only and are not empowered to represent the Company in any way. Contractual fitting arrangements are between Customer and installer with no responsibility on behalf of the Company. The Customer shall be responsible for determining the competence of installers and observance of manufacturers’ fitting instructions. In the event of the Company being called upon to undertake remedial work to any incorrectly installed product, the Customer shall be responsible for payment of any additional charge the Company may reasonably levy.
Risk And Title
All Goods remain the property of the Company until such time as they are paid for in full. The Goods shall be the responsibility of the Customer and at the Customer’s risk from delivery. For the purposes of these Terms, “delivery” is completed on the completion of unloading the Goods at the delivery location specified on the order acceptance form. From the time of delivery until property in the Goods passes to the Customer in accordance with these Terms the Customer shall insure for their full value with a reputable insurance office. Upon request, the Customer shall use reasonable endeavours to have the Company’s interest in the Goods noted on the insurance policy. Until property in the Goods passes to the Customer the Customer shall hold the proceeds of any claim on the insurance policy on trust for the Company and shall immediately account to the Company with the proceeds. Until property in the Goods has passed, the Customer is in possession of the Goods in a fiduciary capacity and shall not part with possession of the Goods; take proper care of the Goods and take all reasonable steps to prevent any damage or deterioration of them; and keep the Goods free from any charge, lien or other encumbrance and store the Goods in such a way as to show clearly that they belong to the Company. The Company reserves the right to repossess and resell any of the Goods to which it has retained title. The Company’s consent to the Customer’s possession of the Goods and any right the Customer may have to possession of the Goods shall in any event cease upon the Customer becoming insolvent.
All Goods must be inspected at time of delivery and signed for in “good condition”. Such signature that the Goods are in good condition shall be treated as the Company’s fulfilment of its obligations under the contract. It is the responsibility of the Customer to ensure that Goods are not signed for unexamined. Where delivery is made by the Company’s vehicle, any damage/shortages must be notified to the driver at time of delivery and confirmed in writing to the Company within 5 days; where delivery is made by a Carrier, the Company must be advised immediately of any breakages/shortages and this must be confirmed in writing to the Company same day as delivery.
The Company recommends that the Customer ensures they have ordered sufficient quantities of tiles or Wallpaper allowing for breakages/cuts since there can be no guarantee that the shade/batch number can be matched for any subsequent orders. Customers should seek advice from their installer and decorator regarding quantities ordered without delay. Due to the nature of these products the Company cannot guarantee exact colour match to any samples provided/shown at the time of placing the order. Excess tiles are non-returnable.
Measure & Design Service
Whilst the Company makes every effort to ensure the accuracy of all information, any drawings, sketches, renderings, plans or elevations provided are for illustrative purposes only and should be used for guidance only. A qualified installer should be consulted to confirm that all Goods are suitable for installation purposes. The Company cannot be held responsible for goods ordered that are not suitable. The Customer should also confirm that all selected items can be manoeuvred into the respective bathroom without obstruction.
All goods classed as “Ex-Display” are sold as seen and are not eligible for refund or return. Ex-Display goods are sold without warranty. This does not affect your statutory rights.
Manufacturers reserve the right to maintain continual product development and specifications are therefore subject to alteration without notice. Due to the diversity of product ranges, manufacturers and manufacturing materials used (some of which may vary from manufacturer’s batch to batch) the Company cannot guarantee perfection of colour-matching nor accept any responsibility for minor variations of colour or texture. Although every effort is made to display colours accurately, we cannot guarantee that a device’s display of colours or printed pictures in brochure accurately reflects the colour of the Goods. Your Goods may vary slightly from those images. It is the Customer’s responsibility to confirm with their advisers that the Goods are suitable for any intended installation. It is the Customer’s responsibility to ensure that any installation using Goods supplied by the Company complies with all statutory water and building regulations.
If you have any questions or complaints about the Goods, please contact us via the details set out in these Terms under the heading ‘How to contact us’.
We are under a legal duty to supply Goods that are in conformity with the contract.
The Company shall not be liable for any failure or delay in performance of its obligations which is caused by circumstances because of third party supplier. Save as expressly provided for in these terms and conditions, and to the fullest extent permitted by law, the Company’s total liability arising in connection with the Customer’s order shall be limited to the price of the Goods. The Company shall not be liable to the Customer for any economic loss, loss of profit, loss of business, goodwill or otherwise and whether direct, indirect or consequential, or any claims for consequential compensation whatsoever. All conditions, warranties or other terms, whether express or implied, statutory or otherwise, are hereby expressly excluded provided that nothing in this paragraph shall exclude or restrict any liability of the Company for death or personal injury resulting from negligence of the Company, or its servants/agents. We will use personal information provided by you to us: (a) To supply the Goods to you; (b) To process your payment for the Goods; and (c) If agreed by you during the order process, to inform you about similar Goods that we provide, but you may stop receiving these communications at any time by contacting us. We will only give your personal information to third parties where the law either requires or allows us to do so.
The order to which these Terms relates is subject to the laws of England and Wales and any question arising in connection therewith shall be subject to the exclusive jurisdiction of the English Courts.