These Terms and Conditions apply to our and your responsibilities during the purchase of products from this website.
- Definitions
“Agreement” means the agreement by which you agree to purchase and we agree to sell the Goods
“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” means delivering the Goods to the Delivery Address
“Delivery Address” means the address at which we agree to deliver the Goods
“Delivery Date” means the date on which we agree to deliver the Goods to the Delivery Address
“Goods” means the goods which we agree to provide to you on these terms
“Price” means the price for the Goods shown on the invoice
“Total Price” means the price for the Goods and any delivery cost inclusive of VAT
“We” and “us” means Greatwall Tech OU, a company incorporated in Estonia under company number: 14598366. The registered office is at Võrumaa, Võru linn, F. R. Kreutzwaldi tn 43b, 65610 Estonia
“you” means the customer
- Ordering, buying and selling
2.1 Every time you order and agree to buy, and we agree to sell, the Goods at the Price, that contract is entered into subject to these terms and conditions.
2.2 Goods which are not standard and are specifically fabricated to your specifications must be paid for in full before the fabrication will be processed and cannot be cancelled after the fabrication process has begun.
- 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. It is important that you check your measurements carefully, in particular, remember that edges of natural planks and boards are not straight, corners are not 90 degrees, and most kitchen worktops are actually smaller than most people imagine.
3.4 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.
3.5 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.
3.5 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.
3.6 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 variations will occur in terms of color, 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. Continued care 9with appropriate oil and other treatments is your responsibility after Delivery. Wooden items, especially hardwood boards of this type, will absorb moisture, and in humid conditions can absorb moisture which can, because these are natural materials, cause their shape and flatness to alter over time. In particular, climate and environment can lead to cracks and warping, and this is to be expected in natural materials, and you acknowledge that these Goods are of that character that may result in such changes over time.
- Price
5.1 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 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.
- Payment
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
7.1 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 You must make us aware of any access restrictions or access difficulties and you must ensure a responsible person is at the Delivery Address at the time of Delivery to sign for the Goods.
- 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.
- Business Sales
9.1 You must inspect the Goods on delivery to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount and if they are not, you must notify us within 48 hours of delivery for correction, replacement or refund of all or part of the Price (at our option), which will be your sole remedy. If the goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.
- Consumer Sales
10.1 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible (preferably within 7 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.
- Limitation of Liability
Business Sales
11.1 We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any proven damage or defect in the Goods within 48 hours after Delivery but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
11.1.1 to make good any non Delivery; or
11.1.2 to replace or repair any damaged or defective Goods.
11.2 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.
Consumer Sales
11.3 We will be liable for your losses arising out of the provision by us of defective or damaged Goods to the extent that such losses are reasonably foreseeable.
11.4 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 for Consumers
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 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 7 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, or email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally you will also need to send confirmation in writing within the 7 days.
12.3 You cannot cancel if the Goods are made specifically for you, or you have 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.
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.
- Jurisdiction and Third Parties
This Agreement is governed exclusively by Estonian law and is not intended to and does not give any third parties any right to enforce any of its provisions.