Terms and Conditions

1. Introduction

1.1. These Terms and Conditions (“Terms”) govern the sale of Goods and Services by The Alfresco Living Group Ltd (“the Company”, “we”, “us”, “our”) to you (“Customer”, “you”, “your”). By placing an order for Goods or Services with the Company, you agree to comply with and be bound by these Terms. Please read these Terms carefully before making a purchase. These Terms may be updated periodically.

2. Goods and Availability

2.1. All Goods and Services are subject to availability and may be discontinued or substituted at the discretion of the Company. The Company reserves the right to modify the product range at any time.

3. Quotations

3.1. Quotations (“Quotes”) are for the supply of Goods/Services on these Conditions only. Any Quote given by the Company is not an offer, and the Company reserves the right to withdraw or amend any Quote at any time before the Company’s acceptance of the Customer’s order.
3.2. The customer bears full responsibility for determining the necessary quantities and specifications essential for the Company to prepare a Quote. While the Company will make every effort to provide accurate estimates based on specifications supplied by the Customer (including but not limited to drawings, bills of quantities, and measurements) it assumes no liability for any inaccuracies that may arise in the quotes or calculations provided.
3.3. The Company retains the right to impose additional fees should the Customer submit requests to modify the specifications of the order (including delivery) in any way. Furthermore, the Company’s quotes are based on prices applicable to the quantity specified. Where orders are placed for a lesser quantity, the Company is entitled to adjust the price of the Goods as ordered.
3.4. Quotes shall be considered withdrawn if acceptance is not received within 30 days from the date of its issuance.
3.5. The Customer’s verbal or written submission of an order shall be regarded as an offer. Once the Company issues a written order confirmation, a formal contract will be considered in effect and will be binding on both parties.

4. The Contract/Order Acceptance

4.1. Orders can be placed by email, through our store or by phone. In placing an order with the Company, the Customer and its representatives warrant and represent that they have the necessary authority to bind the Customer in a contract.
4.2. To purchase Goods from the Company, you must be at least 18 years of age. We retain the right to refrain from supplying any age-restricted Products (such as knives) if we have reasonable grounds to believe that the Customer does not meet the legal age requirement for those Goods.
4.3. By placing an order, you are making an offer to purchase the Goods or Services subject to these Terms. The Company will confirm receipt of your order, but the contract is only deemed to be formed once the order has been accepted and processed.
4.4. We reserve the right to refuse or cancel any order for any reason, including but not limited to stock availability, errors in pricing, or payment issues.

5. Pricing

5.1. The Price of Goods (“the Price”) are listed in British Pounds (£) exclusive of VAT unless otherwise stated. Prices are subject to change without notice but will be confirmed at the time of order confirmation. The final price you pay will include any applicable taxes and delivery charges (where required).

6. Payment and Accounts

6.1. Payment can be made by cash, credit card, debit card, or bank transfer. The Company reserves the right to refuse payment if it suspects fraud or other issues with payment.
6.2. Credit accounts may be opened at the discretion of the Company, contingent upon the receipt of satisfactory credit references. Unless otherwise agreed in writing, payment for Goods supplied on credit accounts must be made no later than 30 days from the invoice date. In the case of Goods considered Special Order, the Company reserves the right to apply the payment terms outlined in Conditions 6.4.
6.3. Where a credit account is requested, the Customer will complete an application form. The Company may share Customer information with carefully selected third parties for the purposes of account opening, credit vetting, account review and account management. The Company will monitor and record information relating to Customer account performance for efficient stock management.
6.4. Customers without an established credit account with the Company, or whose credit accounts have been cancelled or suspended, along with non-standard transactions and Special Orders (as determined by the Company) provided to credit account customers, are required to remit full payment for the Goods within 7 days of an invoice being issued.
6.5. Time for payment is of the essence. Payment will only be considered received when the Company has obtained cash or cleared funds. Notwithstanding any other clauses, all amounts owed to the Company under any Contract shall become immediately due if the Company becomes entitled to terminate the Contract under Condition 9 or the Contract terminates for any other reason.
6.6. For credit account Customers, any inquiries regarding an invoice should be submitted in writing, within 14 days from the invoice date. If not addressed within this timeframe, the invoiced amount will be deemed accepted by the Customer.
6.7. In the event of any claim or dispute by a credit account Customer, regarding Goods and/or Services, the Customer agrees it is entitled to withhold payment on the disputed value only and not the whole invoice value or account balance.
6.8. The Company reserves the right to cancel or suspend the Customer’s credit account by providing written notice at any time if it determines that additional security is necessary beyond what has already been provided or where the Terms outlined in Condition 9 are breached. In such cases, trading with the Customer may still proceed in accordance with Condition 6.4. A thorough review of the Customer’s account will be conducted by the Company and its credit management company (where required). The credit account may be reinstated once the Customer has provided the necessary additional information and fulfilled any other applicable conditions.
6.9. The Company reserves the right to modify, at its discretion and without prior consultation with the Customer or any guarantor; (a) the credit limit applicable to the Customer, whether by increasing or decreasing it; and (b) to deliver Goods that exceed the established credit limit. The Company
may initiate collection efforts for the total amount owed, regardless of whether the outstanding balance surpasses the current credit limit.
6.10. Where multiple invoices are due, the Company has the authority to determine the allocation of any payment received from the Customer, irrespective of any specific allocation that the Customer may designate for a particular invoice.
6.11. The Customer is required to provide the Company with prior written notice regarding any changes in ownership. In the case of sole traders or partnerships, notification is also necessary if there is an intention to incorporate or merge with other entities. Following such notification, the Company is not obligated to continue its trading relationship with the Customer. Nonetheless, the Company will assess the situation to determine whether to maintain the trading relationship, whether a new credit application is necessary, and whether to uphold any existing credit arrangements extended to the Customer.
6.12. If the Customer shall fail to make payment in full in accordance with these Conditions, then:
a) Without prejudice to any other rights of the Company and in addition to the loss of any discount, the Customer shall, without any need for the Company to give notice, become liable to pay the Company interest on the outstanding balance (notwithstanding that a portion of the account or invoice is the subject of any dispute or query) for the time being unpaid. This interest shall be calculated at 8% per annum above the Bank of England Base Rate, calculated from the date of due payment until the date of actual payment. It shall be payable after, as well as before, any judgment.
b) The Customer agrees to indemnify the Company for all costs incurred (including legal fees and expenses) arising from the Company’s efforts to recover amounts owed by the Customer or to exercise its rights under Condition 9. This includes but is not limited to, any administrative fees that may arise from the Company’s referral of a late or disputed payment issue to its legal counsel or collection agency.
c) The Company shall be entitled to terminate the relevant contract or any other contract with the Customer and to claim damages from the Customer. Furthermore, the Company reserves the right to withdraw credit and suspend (pending review at the Company’s discretion) or close any credit account at its sole discretion.
d) The Company shall be entitled to suspend without incurring any liability in respect of all or any other
deliveries to be made under that or any other contract with the Customer. In such an event the Customer shall not in any respect be released from its obligations to the Company under that contract.
e) The Customer shall not, without the written consent of the Company, be entitled to deduct or set off from any payment due pursuant hereto any claim for loss or expense alleged to have incurred by the Customer by reason of any breach or failure to observe the provisions of this or any other contract by the Company and the Customer expressly waives any common law right of set off to which he may be entitled.
6.13. Any exercise by the Company of its rights under this Condition shall be without prejudice to any other rights or remedies available to the Company under this Contract or otherwise.

7. Collection and Delivery

7.1. Delivery of Goods will be carried out through one of the following methods: (a) collection from the Company’s premises, once the Customer has been informed of the Goods’ readiness for collection, or (b) delivery to an address provided by the Customer within the United Kingdom. Delivery charges, as determined at the Company’s discretion, may apply and will be communicated to the customer at the time of order confirmation.
7.2. Deliveries will be scheduled during regular working hours on weekdays unless stated otherwise and must be signed for by a person aged 18 or over. The Company retains the right to impose an additional fee for any deliveries (a) agreed to and arranged outside of our standard operating hours or days, and (b) by instalments as requested by the Customer.
7.3. Delivery times are estimates, and the Company will make reasonable efforts to deliver products on the agreed date. However, the Company will not be liable for delays caused by circumstances beyond its control, such as weather, supply chain disruptions, or force majeure events. The Company shall also not, in any event, be liable to compensate the Customer in damages or otherwise for any non-delivery or late delivery of Goods or for any loss consequential or otherwise arising therefrom.
7.4. The Customer is responsible for all arrangements to take delivery of the Goods, including suitable offloading equipment, access, and available manpower.
7.5. Should the Goods be delivered to a location other than the Customer’s (or their agent’s) private premises, the Customer must ensure compliance with all relevant regulations and safety measures for the protection of all persons and property. The Customer agrees to indemnify the Company for any costs, claims, losses, or expenses incurred because of such delivery.
7.6. If the Company experiences delays or is unable to deliver the Goods due to the Customer’s actions or omissions, the Customer will be liable for all associated costs related to the delivery or re-delivery process.
7.7. In cases where delivery occurs in instalments, each instalment will be considered as a separate and distinct contract. Consequently, any default by the Company regarding any individual instalment shall not provide the Customer the right to reject or withhold payment for any other instalment.
7.8. The Customer is responsible for the proper disposal of all waste generated from the Goods upon delivery and shall adhere to all relevant laws, regulations, and waste management licenses concerning such waste.

8. Returns and Cancellations

8.1. Customers placing orders via phone or email have the right to cancel an order within 14 days from the date of receipt of the goods, provided the products are in a resalable condition and have not been used or altered. The Customer is responsible for returning the goods to the Company’s premises at their own cost, and the goods must be returned in original packaging. Where Goods have been supplied correctly, a charge would be made at the Company’s discretion, to cover processing the return.
8.2. Certain items, such as custom-made, altered, perishable (e.g. plants/turf), products mixed inseparably with other items after delivery or collection, or items specifically ordered for the customer (referred to as Special Orders), are not eligible for return or refund unless they are found to be faulty.
8.3. Per Section 11, the Customer is required to inform the Company within 48 hours of receiving the Goods regarding any discrepancies with the order, including delivery shortages, or if the Goods are discovered to be faulty, damaged, or incomplete. Upon notification, the Customer must allow the
Company a reasonable timeframe to inspect the Goods before any use. Failure to comply with these conditions will be regarded as acceptance of the Goods by the Customer.
8.4. Services may be cancelled up to 48 hours before scheduled work begins unless otherwise specified. If the Customer cancels within 48 hours, a cancellation fee may apply.

9. Default or Terminatio

9.1. The Company shall be entitled without prejudice to its other rights and remedies either to terminate wholly or in part any or every Contract, credit account and Customer or to suspend any further deliveries under any contract in any of the following events:
a) If any sum owing from the Customer to the Company for any reason whatsoever is unpaid after the due date for payment.
b) If the Customer refuses to take delivery or to collect any Goods.
c) If the Company has reason to doubt the creditworthiness of the Customer.
d) If the Customer commits a breach of any Contract between the Company and the Customer.
e) If the Customer becomes insolvent, within the meaning of Section 123 of the Insolvency Act of 1986.
9.2. The Company shall not be in breach of the Contract by reason of any delay in performing or any failure to perform any of the Companies obligations in relation to the Goods, if the delay or failure was due to any case beyond the reasonable control of the Company, including but not limited to acts of God, war, strikes, import or export regulations or embargoes and difficulties in obtaining materials (raw or otherwise).

10. Risk and Title

10.1. For Customers collecting Goods directly from our Store, ownership of the Goods remains with the Company until full payment has been received and the items collected, the risk of damage or loss of the Goods transfers to the Customer at the point of collection.
10.2. For non-account Customers having Goods delivered, ownership of the Goods remains with the Company until full payment has been received and delivery has been accepted. The risk of damage or loss of the Goods transfers to the Customer at the point of delivery.
10.3. For account Customers, ownership of the Goods shall remain with the Company until full payment has been received. Until ownership is transferred upon settlement of the corresponding invoices, the Customer agrees to;
(a) preserve the Goods in satisfactory condition, ensuring they are fully insured on behalf of the Company against all risks.
(b) hold the Goods as a fiduciary agent and bailee for the Company.
(c) refrain from destroying, defacing, or obscuring any identifying marks, serial numbers, or packaging related to the Goods.
10.4. If payment for delivered Goods is not received by the specified due date, the Company reserves the right to reclaim the Goods or proceed with Legal action. The Customer hereby grants, and shall ensure that any third parties grant, the Company and its agents and employees an irreversible license to access and enter any premises where the Goods are or may be stored. This access is for the purposes of inspection, repossession, and removal of the Goods.
10.5. The Customer uses the Goods at their own risk.

11. Product Information and Warranty

11.1. The Company provides information regarding the specifications and quality of its Goods, but does not guarantee that all descriptions, images, or other content on our website or marketing materials are fully accurate.
11.2. Product sizes, colours, weight and quantities may vary. Natural products may show some variations in appearance including differences in colour, markings, veining, as well as the presence of cracks and fissures. To the extent permitted by law, we accept no liability associated with the inherent qualities of natural products, natural materials and porcelain products.
11.3. Additionally, the Customer understands that the appearance of products and materials may evolve over time and the Company accepts no liability for any change in appearance of any products.
11.4. The Company agrees, at its sole discretion, to repair, replace, or refund any payments made by the Customer for any Goods that the Company reasonably deems defective due to a manufacturing fault, provided that: (a) such fault is communicated to the Company in writing 48 hours of delivery; and (b) the Company and/or its representatives are granted a reasonable opportunity to examine the Goods in situ, or the Customer, upon request from the Company, returns the Goods to the Company’s premises for examination.
11.5. The Company will not be held responsible for a breach of the warranty stated in Condition 11.4 if:
a) the defect occurs due to the Customer’s failure to adhere to the Company’s instructions or established industry standards regarding the storage, unloading, installation, commissioning, use, or maintenance of the Goods.
b) the Customer makes any further use of Goods after giving notice of a defect.
c) the Customer modifies or repairs the Goods without obtaining prior written consent from the Company.
11.6. The Company shall not be liable for any expenses incurred in the removal or reinstallation of any repaired or replaced Goods unless such arrangements have been agreed in writing by a Director of the Company.
11.7. The Company provides products on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some products may carry a manufacturer’s warranty or guarantee, and specific details will be provided at the time of sale.

12. Limitation of Liability

12.1. The Company’s liability in connection with any sale of Goods is limited to the total amount paid for the Goods. To the fullest extent permitted by law, the Company shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of, or inability to use, Goods purchased from the Company. This includes but is not limited to, damages for loss of profits, business interruption, personal injury, property damage or loss of information.
12.2. Where the Company provides Goods to a Customer that is not classified as a Consumer, and the Customer subsequently sells those Goods, whether directly or indirectly, to an individual who is a Consumer, the Customer shall, without limiting any rights available under the Contract, indemnify the Company against any and all liabilities or losses arising, whether directly or indirectly, under the Consumer Protection Act 1987.
12.3. The Company is not responsible for any damage or loss caused by third-party services or products, even if they were recommended or facilitated by the Company.
12.4. Customers agree to indemnify, defend, and hold harmless the Company its officers, directors, employees, agents, and affiliates, from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or connected to their use of the products.
12.5. The Company shall not be liable in respect of any misrepresentation made by the Company’s employees, agents or directors to the Customer or their employees and/or agents as to the condition of the Goods, their fitness for any purpose or as to quantity or measurements or otherwise unless the representation is made or confirmed in writing by the Company and/or is fraudulent.
12.6. If Goods are to be manufactured or any process is to be applied to the Goods by the Company in accordance with a specification submitted by the Customer, the Customer will indemnify the Company against all loss, damages, costs and expenses awarded against or incurred by the Company in connection with, or paid or agreed to be paid by the Company in settlement of any claim for actual or alleged infringement of any patent, copyright, design, trade mark or other industrial or intellectual property right of any other person which results from the Company’s use of the Customer’s specification. This clause shall survive termination of the Contract.

13. Quality of Products and Services

13.1. The Company warrants that the products and services supplied will be of satisfactory quality, as defined under UK law.
13.2. Goods provided by the Company must be used per the instructions and guidelines included with each product and/or established industry standards. The Company is not liable for any damage or injury caused by misuse, improper handling or installation, or failure to follow safety or maintenance instructions.

14. Customer Responsibilities

14.1. The Customer will be responsible for:
a) ensuring that the terms of any Order are accurate and complete, including any application specification
submitted by the Customer, and for giving the Company any necessary information relating to the Goods and/or Services within a sufficient time to enable the Company to perform the Contract.
b) ensuring that any delivery address is accurate.
c) providing the Company, its employees, agents, consultants and subcontractors, with access to the Customer’s premises, office accommodation and other facilities as reasonably required by the Company to provide the Services and in the case of Goods access to the delivery location at the time required.
d) preparing the Customer’s premises or delivery location for the supply of the Goods and/or Services (which shall ensure that the delivery of Goods can be made over suitable roads or other even ground) and notifying the Company of any potential hazards or limitations regarding the safe delivery of Goods or Services.
e) obtaining and maintaining all necessary licences, permissions and consents which may be required for the Goods and/or Services before the date on which the Services are to start, or the Goods are to be delivered.
f) the Customer agrees to adhere to all relevant laws, including those related to health and safety, as they pertain to the delivery, collection, storage, and proper utilisation of Goods or Services.
g) to fulfil payment obligations by the specified due dates.

15. Privacy and Data Protection

15.1. The Company is committed to protecting the Customer’s privacy and complies with applicable data protection laws. Personal data will be processed per applicable data protection laws. For more information, please refer to our Privacy Policy.

16. Governing Law

16.1. These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from the sale of products will be subject to the exclusive jurisdiction of the courts of England and Wales.

17. Force Majeure

The Company shall not be liable for any delay or failure to perform its obligations under these Terms due to events beyond its control, including but not limited to acts of God, war, natural disasters, strikes, or supply chain disruptions.

18. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remainder of the Terms shall remain in full force and effect.

19. Contact Information

19.1. If you have any questions or concerns regarding these Terms and Conditions, please contact us at:
Unit 17, Station Road Business Centre, Barnack, Stamford PE9 3DW
Telephone: 01780 431221
Email: info@alfrescolivinguk.com

20. Definitions

20.1. In these Conditions, unless the context permits otherwise:
“Customer” (“you”) – means a Buyer who buys from the Seller for purposes relating to its trade, business, craft or profession.
“Company” (“us” “we”) – means the Seller, The Alfresco Living group Ltd, (company number: 16707009) (VAT number: 504566791), a company registered in England and Wales, whose registered office is at Unit 17 Station Road Business park, Barnack, Stamford. PE9 3DW.
“Conditions” – the standard terms of sale set out in this document and (unless the context otherwise requires) including any applicable special terms agreed in writing between the Buyer and the Seller.
“Contract” – the contract for the sale and purchase of the Goods between the Buyer and the Seller which is subject to these Conditions.
“Goods” – the goods (including any instalment of the goods or any parts for them) which the Seller is to supply in accordance with these Conditions.
“Order” – means the telephone, written or online order placed by the Buyer requesting the Goods.
“Quotation” (“quote”) – means the document or correspondence provided by the Seller to the Buyer setting out the Goods to be provided.
By placing an order with the Company, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.