TERMS & CONDITIONS
Luna Ceramics Limited Terms and Conditions (“Conditions”)
Contract means the contract between Luna and the customer for the sale and purchase of the Goods in accordance with these conditions.
Goods means the good (or any part of them) set out in the order.
Luna means Luna Ceramics Limited (registered in England and Wales with company number 07540940)
Order means your order for the Goods, as set out overleaf.
2. FORMATION OF CONTRACT
2.1 The contract will only be formed when both Luna and you sign the order.
2.2 Any quotation provided by Luna will only be capable of acceptance by signature of an order.
3.1 Luna sells Goods which are manufactured by a number of different manufacturers. Accordingly, the precise specification of the Goods is set by the manufacturers rather than by Luna.
3.2 We will assist you with suggestions regarding Goods which may suit your purposes. However, it is ultimately for you to select which Goods are appropriate for you.
3.3 Luna does not perform installation work. We would be happy to put you in touch with installers in the local area if you would like, or alternatively you can use your own installer. In either case, you are entirely responsible for agreeing a contract with the installer separately from this contract.
3.4 We offer a free planning visit to your home in order to measure the room (s) and discuss with you what you are hoping to achieve, prior to an Order being placed. If you choose not to place an Order with Luna, then we will not release those plans (unless we agree a price with you to purchase the plans).
4.1 When you place an Order upon us and pay the deposit (as defined in clause 7) we will promptly place the necessary order(s) on our supplier(s) which correspond to the Goods. We will notify you of the
anticipated delivery period given by our supplier(s), but you accept that this delivery period (and any delay by the supplier(s)) is beyond Luna’s control.
4.2 The Order will state whether we are delivering the Goods to you, or you are collecting them from us. In either case we will keep you updated as and when we receive further delivery information from our suppliers and will notify you when the Goods are delivered to us.
4.3 Provided that you have paid the remainder (as defined in clause 7), we will then arrange a date for collection or delivery (as applicable) with you. We understand that you will not usually want the Goods to be delivered/collected a significant period before your installer is ready to install them, so we are happy to store the Goods for up to 30 days from receipt by us prior to delivery to collection (as applicable) to facilitate this.
4.4 Where you have not collected the Goods or agreed a delivery date with us within the 30-day period specified in clause 4.3 above (including without limitation where we are refusing to allow collection/delivery under clause 7.3 due to non-payment), then you must contact us to clarify your intentions. We will endeavor to assist you where reasonably practicable, but beyond that 30 day period we reserve the right to cancel the order, return any Goods ordered to the supplier(s) and invoice you for any extra costs, expense and losses we suffer as a result which are in excess of the Deposit.
4.5 Most Orders will involve us ordering the Goods from multiple suppliers. Where this occurs, it is likely that the Goods will be delivered to us on different days. To help you, we will not treat the 30 day period in clause 4.3 as commencing until we have notified you that we are in receipt of all of the Goods specified in an Order.
5.1 Luna will inspect Goods upon receipt by us, as far as is reasonably practical, before they are delivered to or collected by us. However, due to the packaging of many of the Goods, it will not be possible for us to perform a full inspection of all aspects of the Goods.
5.2 The ‘”Remedy Period” is the period commencing on delivery/collection (as applicable) and ending on the earlier of 7 days from completion of installation and 30 days from delivery/collection (as applicable). You must inspect the Goods fully during the Remedy Period, and notify us of all defects which would be apparent to such a visual inspection before the end of the Remedy Period.
5.3 Provided that you have notified us of a defect within the Remedy Period in accordance with clause 5.2, then (subject to clause 5.4) we will, at our option, repair or replace the defective Goods or provide you with an appropriate refund bearing in mind the nature of the defect.
Luna do not provide installation of the Goods as part of our Contract. Accordingly, we shall not be obliged to de-install defective Goods, nor reinstall any replacement Goods. Luna also accepts no responsibility whatsoever for losses arising from defective Goods.
If you are a consumer, then nothing in these Conditions affects those of your statutory rights which cannot be excluded by law.
5.4 Luna shall not be liable to repair, replace or refund in accordance with clause 5.3 where the defect is caused by you, the installer, or any third party.
5.5 Where a defect arises or is observed after the Remedy Period, then we will at our
discretion provide you with reasonable assistance in seeking redress under any
applicable manufacturer’s warranty. Please contact us to discuss further.
6. TITLE AND RISK
6.1 The risk of accidental loss or damage to the Goods shall pass to you on collection or
delivery (as applicable).
6.2 Title to the Goods shall not pass to you until Luna has received the Price (as defined in clause 7) in full, in cleared funds, for all Goods contained in an Order.
7. PRICE AND PAYMENT
7.1 The price of the Goods and the VAT payable thereon (together, “the price”) is set out in the Order. Where delivery by us is indicated in the Order, delivery to that location is included in the Price.
7.2 Unless agreed specifically otherwise between you and Luna in writing, we require an up-front payment at the time of placing the Order (“the Deposit”). Our standard deposit is 50% of the Price.
7.3 Unless agreed specifically otherwise between you and Luna in writing, we will contact you a few days prior to when we expect to receive the Goods (or the last instalment of the Goods) to obtain payment of the remainder of the Price not paid as the Deposit (“the Remainder”). We will not deliver the Goods, nor allow you to collect the Goods, unless we have received the full Remainder in cleared funds.
8. LIMITATION OF LIABILITY
8.1 Nothing in these conditions shall limit or exclude Luna’s liability to the extent that such a limitation or exclusion is unlawful.
8.2 Subject to clause 8.1:
8.2.1 Luna shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, increased costs, or any indirect or consequential loss arising under or in connection with the Contract of the Goods.
8.2.2 Luna’s total liability to you in respect of all other losses arising under or in connection with the Contract or the Goods, whether in contract, ort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Price;
8.2.3 Luna shall be granted a reasonable extension and/or variation to the Contract where it is delayed or prevented from preforming it’s obligations due to reasons beyond its control (including without limitation failure or delay by Luna’s supplier(s)).
9. LAW & DISPUTES
9.1 We very much hope that any issue or disagreement can be resolved by friendly conversation between us.
9.2 The Contract (and any dispute or claim arising out of or relating to it) shall be governed by the laws of England and Wales.
Any such dispute or claim which cannot be resolved in accordance with clause 9.1 shall be settled by the exclusive jurisdiction of the courts of England and Wales.
UNIT 5 & 6
MONDAY: 9.00 - 5.00
TUESDAY: 9.00 - 5.00
WEDNESDAY: 9.00 - 5.00
THURSDAY: 9.00 - 5.00
FRIDAY: 9.00 - 5.00
SATURDAY: 9.00 - 5.00