Important Legal Notice
1. INFORMATION ABOUT US
Chroma a trading style of The Exchange Limited, registered office at The Exchange Limited, Unit 41 Balthane Estate, Ballasalla, IM9 2AH. Registered in the Isle of Man, Company number 107401C. Date of Incorporation December 2002. Our VAT number is GB002 2473 32
This page (together with the documents referred to on it) sets out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”). Please read these conditions carefully before ordering any goods. In ordering any goods, “you” as the purchaser of goods agree to be bound by these conditions. You should print a copy of these conditions for future reference.
The following words and expressions shall have the following meanings unless the context otherwise requires:
2. SERVICE AVAILABILITY
Our website is only intended for use by people resident in the United Kingdom, Isle of Man and the Channel Islands (“Serviced Countries”).
If you order goods from outside the United Kingdom, Isle of Man and the Channel Islands those goods may be subject to import duties and/or taxes, which are levied when the goods reach their destination. You accept responsibility for the payment of any such import duties and/or taxes.
You must comply with any laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.
3. YOUR STATUS
Unless you are an account customer, and have made a valid application of the same and been confirmed as having credit status with us, then you should assume all orders will be provided on a proforma basis. That is, payment is required in full prior to any order being placed.
If paying for an order through our ChromaDirect portal, you warrant that: (a) you are legally capable of entering into binding contracts; either personally or on behalf on a company identity. (b) you are (in the case of an individual) at least 18 years old; (c) you acknowledge that all products are made to order, personalised or made to your specification (d) you are resident in one of the serviced countries.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
The contract for the sale of the goods by us to you (“contract”) will only be formed in accordance with this condition.
These conditions apply to the sale by us to you of all and any goods purchased from Chroma and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you, and supersede any terms previously issued.
After placing an order you will receive an e-mail from us acknowledging that we have received your order and comprising a description of the goods, the price of the goods and the delivery costs (where applicable), and the estimated delivery time for the goods (“e-mail confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you.
Any manifest typographical error or omission (which is obvious unmistakable or easily recognised as such) in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us will be subject to correction without any liability on our part.
Any advice or recommendation clearly available for download by you from our website as to the installation, storage, application or use of the goods, which is not followed or acted upon, is entirely at your own risk. However, no claim will be looked into or accepted without proof to the Company that all material supplier or manufacturer’s recommendations have been followed.
You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 4.3 above.
5. PURCHASER RIGHTS
You will have no right to cancel a contract for the supply of any goods or associated product, which are made to order, personalised or made for your specification in any way.
You have the right to enter our ‘buy back and recycle’ scheme, at the end of the flooring product useful life if the product you have purchased is labelled with email@example.com. In addition if you are interested in recycling any flooring product please get in touch with us and we will help and advise you.
6. PRICE AND PAYMENT
Payments must be made by bank transfer or via our Chroma direct payment portal, and cheques are not accepted.
6.2 The price to be paid is that supplied to you by us as per our quotation.
6.3 We are under no obligation to provide goods to you at an incorrect price, even after we have issued an Order Confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payments made via Chroma direct will not be deemed to have been received until we have received cleared funds. Prices shown are nett prices and payments via the Chroma Direct portal will incur a 3.6% administration fee levied by the payment portal provider.
The prices for the goods are as stated in the Order Confirmation and include delivery charges unless expressly stated otherwise.
If any additional delivery costs become payable by you pursuant to condition 8.1 we shall invoice you in respect of these costs. Any such invoice shall be payable within 7 days of the date of the invoice.
Unless we have agreed with you in writing either (a) credit terms or (b) to accept payment by instalments you must pay for any goods (plus all delivery costs) before or at the time we confirm the order to our supplier or manufacturer. For your information we do not manufacture any of the goods that we supply and consequently unless agreed otherwise in writing all goods must be paid for in advance.
We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.
Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. In the event that you notify us of any change to the delivery address after the date of order, we reserve the right to pass on any additional delivery costs to you. Delivery addresses may not be changed once goods have been shipped.
We will use reasonable endeavours to deliver the goods within the lead time stated at order stage
Any delivery dates given by us are subject to change by us but we shall endeavour to notify you of any such changes in advance. Once we have confirmed the delivery date to you, you must accept delivery of the goods ordered on that date. Unless agreed otherwise time of delivery shall not be of the essence. Deliveries will be made to roadside ground floor level only and to first point of contact, any time between 8am and 5pm during week days. Please note all deliveries will be made to Street level locations, that is not to floors higher than ground level. It is your responsibility to house the received goods within an area of ambient temperature, and consideration should be given to deliveries received during inclement weather. Any claim due to lack of or bad housing of product will not be entertained.
It is your responsibility to check and inspect the goods upon delivery. Should there be any damage you must note it at the time on the delivery note prior to signing. After signing the delivery note please email photographic evidence of any damage to us within 2 hours of delivery to firstname.lastname@example.org as any claims cannot be entertained after this time. In the event that you do not inform us of any damage within the time stipulated above, you will be deemed to have accepted the goods in satisfactory condition.
When accepting your delivery please have due regard to the weather and other site conditions as any damage caused post-delivery will not be accepted.
All items are made to meet your specific requirements meaning any cancellation will not be accepted and no refunds given.
If for any reason you fail or refuse to accept delivery of the goods or if access to the delivery address is not provided at the time of delivery, or if we have been unable to deliver the goods because you have not provided accurate, adequate or appropriate instructions, documents, licences or authorisations, we may at our discretion place the goods into storage pending delivery. Whilst in storage the goods will be entirely at your own risk and you will be liable for all of the costs and expenses incurred in placing the goods into storage (including, without limitation, any insurance costs).
Our deliveries are made by a third party partner - if you have not been contacted 48 hours prior to your expected delivery date please contact us. Should you not make contact with us we cannot be held responsible for but not limited to, failed deliveries or any further charges that result from the above.
Please always adhere to the manufacturer's fitting instructions (available from Chroma) as damage caused by non-recommended fitting practices will render null and void any product guarantee.
For large deliveries and if notified the driver will call the delivery contact as provided on receipt of order and make them aware of an approximate delivery time. On arrival at the site, the driver will wait up to a maximum of 20 minutes after which he will leave if you have not arrived to off load the goods. Any additional return delivery will be charged..
We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
It is your sole responsibility to check that the product is the correct product and colour ordered. Any costs associated with the installation of any incorrect product will not be reimbursed by us. Dye batches may be subject to slight colour variation. Consequently there may be slight variation between samples provided and goods supplied. Where it is not possible for whatever reason to supply the totality of any goods ordered from a single dye batch you accept that there may be slight colour variations between goods supplied from different dye batches. We shall always endeavour to ensure that any single order is sourced from the same dye batch. However, due to any applicable dye batch size limitations or the size of the order concerned or any manufacturer’s supply limitations which are outside our control, it may be necessary to supply goods from more than one dye batch and you fully accept our right to do so. Provided all goods are produced from the same master dye batch and are within reasonable commercial and industry tolerances, we accept no liability for any final product colour variations between dye batches and you accept that you will not have the right to return such goods on this basis alone or to receive any refund with respect to the same.
The goods will be at your risk from the delivery date including in circumstances where delivery has not been possible on such date for any of the reasons set out in Condition 8.7.
Ownership of the goods will only pass to you when we have received payment for the goods from you irrespective of whether the goods have been delivered to you.
The goods are directed solely at those who access the website from the serviced countries. We make no representations that any goods are appropriate for use or available in other locations.
We warrant that on delivery, the goods should be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
If the goods we deliver are not what you ordered or are damaged you must give us written notice of the problem within 2 hours of receipt of the goods by you – see condition 8.4
If any of the goods do not conform with the warranty in condition 10.2 we draw your attention to clause 10.5 and the provisions set out in condition 12.
Notwithstanding the provisions set out in this condition 10, you acknowledge that we do not manufacture the goods so cannot be held directly responsible for any product defects or product non-performance or product not fit for purpose claim or product failure, but we will endeavour to provide you directly with the contact details of the particular manufacturer and the product warranties as their contract of sale, so you may make a claim directly to the manufacturer concerned.
Subject to conditions 5, 8 and 10, the following provisions set out our entire financial liability to you in respect of:
11.1.1 any breach of these conditions;
11.1.2 any use made or resale by you of any of the goods; and
11.1.3 any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
We will not be liable, whether in tort (including for negligence or breach of statutory duty), contract misrepresentation or otherwise for:
(i) loss of income or revenue;
(ii) loss of business;
(iii) loss of profits;
(iv) loss of contracts; or
(v) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
If we determine a defect claim to be valid, we may, within a reasonable time elect to (i) replace any defective materials, (ii) repair any defective material, (iii) accept return of any defective materials and refund the purchase price therefor to you, or (iv) pay to you the difference in value of conforming materials as of the scheduled contract delivery date and the value of the materials actually delivered. To the extent permitted by law, the foregoing is your exclusive remedy for any defective material hereunder. We stress our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract is limited to the price paid for the goods and no more.
12. COMPLAINTS POLICY
We are committed to providing a quality service to you and value your views, opinions and feedback on any goods, which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we will endeavour to rectify any problems. Please contact us at email@example.com. We will endeavour to contact you within 3 working days of receiving your email and will work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.
All notices given by you to us must be sent either by e-mail to firstname.lastname@example.org or by post at the trading address set out in condition 1 above. We may give notice to you at either the e-mail address or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.
We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, criminal acts, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
No term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 2001 by any person that is not a party to it.
The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Isle of Man law and any disputes shall be resolved exclusively in the Isle of Man Courts.
All disputes or differences which shall at any time arise between us concerning these terms and conditions and /or any contract to which these terms and conditions relate or the construction or effect of such contract and/or these terms and conditions or the rights, duties or liabilities of the parties under such contract or any other matter in any way connected with or arising out of such contract may at our sole discretion be referred to a single arbitrator to be agreed upon by the parties or in default of agreement to be nominated by the Isle of Man Law Society in accordance with the Arbitration Act 1976.
Chroma a trading style of The Exchange Limited, Unit 41 Balthane Estate, Ballasalla, IM9 2AH. Registered in the Isle of Man, Company number 107401C. Date of Incorporation December 2002. Our VAT number is GB002 2473 32