Terms & Conditions
Terms and Conditions for Supply of Goods and Services
These terms and conditions are the basis upon which Glass Pebble make the website available to you and any of the services which are accessible on or via the website.
These terms and conditions govern your use of the website and the Glass Pebble service:
In this document the following words shall have the following meanings:
1.1 “Consumer” shall have the meaning ascribed in section 2 of the Consumer Rights Act 2015;
1.2 “Customer” means any person who purchases Goods and Services from the Supplier;
1.3 “Goods” means the articles specified in the Proposal;
1.4 “Proposal” means a statement of work, order confirmation, quotation or other similar document describing the Goods and Services to be provided by the Supplier;
1.5 “Services” means the services specified in the Proposal;
1.6 “Supplier” means the person undertaing to supply goods or services from Glass Pebble
1.7 “Terms and Conditions” means the terms and conditions of supply set out in this document and any special terms and conditions agreed in writing by the Supplier.
2.1 These Terms and Conditions shall apply to all contracts for the supply of Goods and Services by the Supplier to the Customer and shall prevail over any other documentation or communication from the Customer.
2.2 Any variation to these Terms and Conditions shall be inapplicable unless agreed in writing by the Supplier.
2.3 Nothing in these Terms and Conditions shall prejudice any condition or warranty, express or implied, or any legal remedy to which the Supplier may be entitled in relation to the Goods and Services, by virtue of any statute, law or regulation.
2.4 Nothing in these Terms and Conditions shall affect the Customer’s statutory rights as a Consumer.
2.5 Changes to these Terms and Conditions can be made without notification and Customes are advised to read the current terms and conditions at the oint of placing an order for Goods or Services. Supplementsand amendements to these Terms and Conditions [ermittng access to this website and services, will be made from time to time and will be effective from te point of posting, subject to the exception n Claude 3.1.
2.6 We reserve the right to suspend, terminate or restrict access to the website and/or Glass Pebble service at any time for any reason.
2.8 The Supplier is not responsible for material displayed on thid arty websites or any other third party materials.
3 THE ORDER
3.1 Submission of an order is subject to acceptance of the order. Upon confirmed acceptance of an order these Terms and Conditions shall remain valid for a period of 30 days even if changes are made to the conditions published on the website subsequent within those 30 days.
3.2 The Customer shall be deemed to have accepted the Terms and Conditions by placing an order with the Supplier (“the Order”) within the period specified in Clause 3.1.
3.3 All Orders for Goods and Services shall be deemed to include acceptance of the Proposal or confirmation of order which will include delivery and payment schedule, pursuant to these Terms and Conditions.
3.4 All prints are created individually to order, so please be aware that there may be up to two weeks delay before we can dispatch your print(s) to you. If you urgently require a print in a shorter timescale, please let us know, we will see what we can do to fast track your order but this cannot be guaranteed.
4 PRICE AND PAYMENT
4.1 The price for the Goods and Services is as specified in the Proposal and any applicable charges will be as outlined in the Proposal.
4.2 Payment of the price shall be in the manner specified in the Proposal.
4.3 If the Customer fails to make any payment within 30 days of it becoming due, the Supplier shall be entitled to charge a late payment fee of £10 for overdue accounts settled within 90 days of becoming overdue, therafter the supplier will be entitled to charge an additional £10 for each calendar month including that during which the account is settled.
4.4 Use of any promotional vouchers or codes must be recorded at the point of order. There is no cash alternative,
4.5 Purchases are deemed to have occurred in the UK.
5.1 The date of delivery of the Goods and Services is as specified in the Proposal. The Supplier may vary these times by intimating in writing details of the change to the Customer but in any event, the Goods and Services will be delivered within 30 days of the order confirmation date unless there is an agreement with the Customer to the contrary.
5.2 All risk in the Goods shall pass to the Customer when they are in the physical possession of the Customer.
5.3 To avoid problems or delays with delivery, Customerd are advised to ensure that the full address details including postcode and a contact daytime telephone number and/or email address is accurately recorded on the order. We reserve the right to contact the Customer using contact details provided on the form.
5.4 Delivery confirmation is not available for items delivered by post. We reserve the right to re-charge for delivery where delivery to the addresson the order form cannot be affected and have been delivered in good faith to that address.
5.5 Delivery to a third party recipient or location involving a third party will require a signature from a person authorized to accept receipt and that signature shall be accepted as proof of delivery to the Customer.
5.6 Deliveries are not generally available on Bank Holidays or Sundays.
5.7 Orders can only be accepted for deliveries on the UK mainland, Scottish Highlands and Islands, Northern Island, Isle of Man and Channel Islands, some exceptons may apply. Delivery is not available to the Republic of Ireland or PO Boxes.
Title in the Goods shall not pass to the Customer until the Supplier has been paid in full for the Goods.
7 CUSTOMER’S OBLIGATIONS
To enable the Supplier to perform its obligations the Customer shall:
7.1 co-operate with the Supplier;
7.2 provide the Supplier with any information reasonably required by the Supplier;
7.3 comply with such other requirements as may be set out in the Proposal or otherwise agreed between the parties.
7.4 meet the costs of returning goods dispatched prior to the Customer exercising his/her right to cancel. The right to deduct an amount for the diminished value of goods is retained where goods are damaged in such a situation.
8 SUPPLIER’S OBLIGATIONS
8.1 The Supplier warrants that the Goods will:
8.1.1 be of satisfactory quality;
8.1.2 be fit for a particular purpose where the Consumer indicates or where it is obvious that they are required for a particular purpose;
8.1.3 match the description or sample
8.2 The Supplier undertakes to resolve complaints quickly and to mutual satisfaction wherever possible and reasonable. Complaints should be submitted within working day of receipt with due regard to Claues 9-13.
8.3 If the Goods supplied are found to be defective in accordance with these Terms and Conditions then the Supplier shall refund any monies paid and reimburse the Customer with the cost of postage as agreed at the time of written agreement to a return issued by Glass Pebble. In order for written agreement to a return of goods, Glass Pebble will require a written description of the defect and photographic evidence of date and defect. This must include a photograph of the packaging as received where this is applicable to te complaint. Any request for a return must be submitted within 24 hours of the Customer taking possesson of the Goods or service.
8.4 If the Customer has not paid for the Goods and Services in full by the date the defect in the Goods and Services is notified to the Supplier then the Supplier has no obligation to remedy the defect in terms of this Clause 8.
8.7 In the event that we are unable to supply all or part of your order, we will notify you as soon as possible and in the event that a suitable substitute cannot be agreed by both parties, we will reimburse any payment made within 30 days of the agreement to not supply.4
9 REMEDY FOR BREACH (GOODS)
9.1 Where the Goods are faulty or do not comply with any of the contract, the Customer is entitled to reject them within 24 hours of taking possession of the Goods.
9.2 A refund will be given without undue delay, and in any event within 14 days of the Supplier agreeing that the Customer is entitled to a refund.
9.3 The Supplier is responsible for the reasonable cost of returning the goods except where the Customer is returning them to the place where he took possession of them.
10 REPAIR OR REPLACEMENT (GOODS)
10.1 Where there is a breach of contract, but the Customer has lost or chooses not to exercise his right to reject the Goods, he will be entitled in the first instance to claim a replacement.
10.2 Where a replacement is claimed, the Supplier must do this at no cost to the Customer, within a reasonable time and without causing significant inconvenience.
10.3 The Customer cannot choose one of these remedies above the other if the chosen remedy is either impossible or disproportionate as compared to the other remedy. Once the Customer has chosen a remedy, he must give the Supplier a reasonable time to provide that remedy.
10.4 The remedies fail if, after just one attempt at replacement, the Goods still do not meet the necessary requirements. The Customer does not have to give the Supplier multiple opportunities to repair or replace, although s/he can do so if s/he wishes. The remedies also fail if they are not provided within a reasonable time and without causing significant inconvenience to the Customer.
11 PRICE REDUCTION AND FINAL RIGHT TO REJECT (GOODS)
11.1 If replacement is not available or is unsuccessful, or is not provided within a reasonable time and without significant inconvenience to the Customer, then the Customer can claim a price reduction or reject the Goods.
11.2 Where replacement fail, are not available, or were not provided within a reasonable time and without causing significant inconvenience to the Customer, the Customer can choose whether to keep the Goods or return them. If he keeps the Goods, then his claim will be for a reduction in price; if he returns them, he is rejecting them.
11.3 A price reduction must be an appropriate amount, which will depend on all the circumstances of the claim. It can be any amount up to the whole price.
11.4 If the Customer rejects the Goods, then he is entitled to a refund. This refund may be reduced to take account of any use the Customer has had from the Goods. However, no deduction can be made for the Customer having the Goods simply because the Supplier has delayed in collecting or making arrangements for their return with the Customer or the Customer has changed his or her mind regarding the decision to purchase.
12 BURDEN OF PROOF (GOODS)
12.1 If the Customer chooses replacement, price reduction or the final right to reject, and if the defect is discovered within 24 hours of delivery, it is assumed that the fault was there at the time of delivery unless the Supplier can prove otherwise or unless this assumption is inconsistent with the circumstances (for example, obvious signs of misuse).
12.2 The Customer cannot claim for defects that are brought to his attention before the sale, or if the Customer examines the Goods before purchase and any defects should have been obvious.
12.3 The Customer cannot claim for damage he causes or if s/he simply changes his mind about wanting the Goods.
12.5 Neither can the Customer claim if s/he chose the product her/himself for a purpose that is neither obvious nor made known to the Supplier and s/he then finds that the item is simply unsuitable for that purpose.
13.1 The Customer may cancel an Order by notifying the Supplier in writing within 5 working days of placing an Order and any deposit paid will be refunded in full.
13.2 If the Customer fails to cancel the order within the time specified in Clause 13.1 any deposit paid may not be returnable.
14 LIMITATION OF LIABILITY
14.1 The Supplier shall not be responsible for:
14.1.1 losses that were not caused by any breach on the part of the Supplier; or
14.1.2 any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
14.1.3 any indirect or consequential losses that were not foreseeable to both the Customer and the Supplier.
14.2 The Supplier shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Customer’s legal right to have Goods sent or Services provided within a reasonable time or to receive a refund if Goods or Services ordered cannot be supplied within a reasonable time owing to a cause beyond the Supplier’s reasonable control.
14.3 Nothing in these Terms and Conditions limits or excludes the Supplier’s responsibility for fraudulent representations made by it.
15 FORCE MAJEURE
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the party shall be entitled to a reasonable extension of its obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17 GOVERNING LAW
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.