TERMS & CONDITIONS FOR SALE OF GOODS
TOPMARKS is a trading name of Kitchens & Bathrooms (London) Ltd of 341 Archway Road, London N6 5AA, company registration number 6257895 (England & Wales) and VAT number 911830253.
“we” and “us” and “company” mean the company as above
“customer” means a person or persons or legal body with whom we are entering into a contract for the sale of goods.
We reserve the right to amend specifications or withdraw an item without prior notice. If an item is withdrawn after the customer has ordered it, the customer will be given a full refund for that particular item and there will be no further liability from us.
Any error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document of information issued by the company in any medium shall be subject to correction without any liability on the part of the company.
All specifications given to the customer are approximate and intended as a guide only. The company does not accept responsibility for any preparation or other work based on such specifications.
In line with good building practice, the customer is recommended not to start preparation works on site until the items have been satisfactorily delivered.
Except for items purchased online and due to be delivered by Fed Ex, customers must collect or take delivery within 5 working days of being notified their order is ready for collection/delivery. Collection/delivery can be delayed at the customer’s request but will be subject to a storage charge. See separate details for Fed Ex delivery of online purchases.
Payment to be made in full when the order is placed. All payments to be cleared prior to collection/delivery.
Collection or local delivery by TOPMARKS
(see separate details for Fed Ex delivery of online purchases)
All items are inspected by us prior to dispatch to customers and warranted free of damage.
Customers or their representative must inspect the items upon collection/delivery and if any damage is present this must be recorded on the collection/delivery note and we must also be informed within two working days by email or letter.
For collection/delivery of large or heavy items, the customer must ensure that their builders or others are present to load it into their vehicle or remove it from our van at roadside.
Collection/delivery is complete when an item is handed to the customer or their representative at collection or removed from our van at delivery at roadside.
All title and risk in the item passes to the customer when collection/delivery is complete as above
It is the customer’s responsibility to dispose of any packaging material that accompanies the goods.
Returns and Cancellations
(see separate section for online returns and cancellations)
Cancellation by a customer of their order either before or after collection/delivery will not be accepted by the company.
Warranty and One-Year Guarantee
Many items come with extended manufacturer’s guarantee in which case that manufacturer’s guarantee supersedes the following minimum one-year guarantee.
The company warrants that the items at the time of collection/delivery are free from defects in workmanship and materials. If any item does not conform to this warranty the company will at its option either:
replace the item found not to conform to the warranty; or
take such steps as the company deems necessary to bring the item into a state where it is free from such defects; or
take back the item found not to conform to the warranty and refund that item’s purchase price.
Provided that the liability of the company shall in no event exceed the purchase price paid to the company for the particular item subject to the warranty claim and will never include consequential loss and performance of any one of the above options shall constitute an entire discharge of the company’s liability under this warranty. The company will in no circumstance be liable for any plumber, builder or other fitting or related costs.
The warranty is conditional upon:
any defects which are present at the time of collection/delivery being noted on the collection/delivery note and the company being informed within two working days by email or letter; and
the customer giving the company a reasonable opportunity to inspect the item and, if so requested by the company, returning the allegedly defective item to the company’s place of business, at the customer’s expense; and
the item not having been fitted, altered, modified, subjected to misuse, repaired, re-fitted, sold or passed on or inappropriately used or used other than in a private dwelling.
If any goods subject to a warranty claim prove to our reasonable satisfaction not to be defective, we will be entitled to make a reasonable charge for our efforts in establishing whether they fall within our obligations herein.
Re-delivery charge for a local delivery by TOPMARKS
When we are delivering an item, if the customer fails to take delivery then the customer will be liable for a re-delivery charge (see separate details for Fed Ex deliveries).
Storage following a failed collection/delivery or storage beyond 5 working days from when the items are ready for collection/delivery will be charged for baths at £10 ex VAT per bath per day and for other items at £3 ex VAT per boxed item per day.
If the customer fails to collect or take delivery of the items within one month of purchase (unless by special agreement with us) or fails to pay the storage and/or delivery/re-delivery charges then we will dispose of the items by placing them on Ebay or other form of bona fide public auction at our sole discretion, deduct the money owing and the cost of making this disposal and refund the balance if any to the customer. Provided that we act reasonably and fairly and make every reasonable effort to contact the customer by all means of communication specified by the customer, draw their attention to the above and afford them the opportunity to resolve any outstanding payments. vers.21.11.16