1. Format of the Contract
1.1 These terms and conditions of sale apply to all goods supplied by Bormioli Rocco, S.A whose registered office is at Avda. del Vidrio s/n 19200 Azuqueca de Henares (Guadalajara) Spain (the Supplier).
1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order and the Supplier has received payment in full (in cleared funds). Once the Supplier does so, there is a binding legal contract between both parties.
1.3 By way of clarification, an acknowledgement of your order will be sent to you via e-mail when you place your order, but acceptance of your offer to buy the goods will not take place until after your payment is taken and you receive your acceptance e-mail. It is at this point that a binding legal contract is created and any contract is subject to these Terms and Conditions.
1.4 The contract is subject to your right of cancellation (see below).
1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
2.1 The description and price of the goods and carriage will be as shown on the Suppliers website at the time you place your order.
2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not in stock, the Supplier will inform you as soon as possible of anticipated delivery date or offer a refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods
3.1 Payment for the goods and delivery charges can be made by any method shown on the Suppliers website at the time you place your order. Payment shall be due at time of order placement. Payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
3.2 There will be no delivery until cleared funds are received.
3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
4.1 The goods you order will be delivered, to the address you give when you place your order,within 7 – 9 working days, excluding the day of order unless otherwise specified. Please note we only deliver at street level. A valid signature will be required on collection or delivery.
4.2 If delivery cannot be made to your address for reasons under the Suppliers control, the Supplier will inform you as soon as possible and refund or re-credit you for any sum that has been paid by you or debited from your credit card for delivery.
4.3 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
4.4 Store the goods until actual delivery and charge you for reasonable costs (includinginsurance) of storage; or
4.4.1 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
4.5 If you fail to take delivery because you have cancelled your contract under the Distance
Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
4.6 Every effort will be made to deliver the goods as soon as possible after your order has been accepted. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
4.7 Upon receipt of your order you will be asked to sign for the goods received in good condition. If the package does not appear to be in good condition then please refuse the delivery. If you are unable to check the contents of your delivery at the point of delivery then please sign for the parcel as UNCHECKED. Failure to do so may affect any warranty claims that you make thereafter.
4.8 A working day is any day other than weekends and bank or other public holidays.
4.9 Deliveries made via pallet will require access for a vehicle up to 20 tonnes. You will be required to specify in the notes section when placing your order any delivery access issues or information that may be required. Vehicles may be up to 8 meters long, 4 meters wide and 5 meters high. If we are unable to make your delivery then costs to rearrange would be charged.
5.1 We will deliver the goods in accordance with your order. A valid signature will be required on collection or delivery. Immediately prior to despatch of the goods to you, title in the goods will pass to you.
5.2 The Supplier will not be responsible for injury or loss resulting in the use of the goods supplied. All goods are supplied on the understanding they are fit for purpose.
6. Data Protection
6.1 The Supplier will take all reasonable precautions to keep the details of your order and payment secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorised access to information supplied by you.
7. Cancellation and Returns
7.1 You have the right to cancel the contract at any time up to the end of 14 working days after you receive the goods (see below).
7.2 To exercise your right of cancellation, you must give written notice to the Supplier by hand, post, fax, email or via the Contact Us section of our website, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
7.3 On cancellation, you must return the goods to us at your cost unless the goods are being returned because they are faulty, incorrect goods, or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that you allow us to nominate the carrier.
7.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days of receipt of the returned goods for any sum that has been paid by you or debited from your credit card for the goods.
7.5 Except in the case of faulty or inaccurately described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
7.6 The Supplier may, if requested, arrange for any cancelled goods to be collected. The cost of this will be deducted from any refund due. You will also be responsible for any loss or damage of returned goods, even if The Supplier arranges collection at your request.
7.7 Other than for faulty goods, returns must be received by the Supplier no later than 14 days from the date the goods were received, or from date of notification of cancellation, up to a maximum of 30 days from date received. Any goods received after the 30 day period may be subject to a re-inspection charge of up to 50% of the original value of the goods sold.
8.1 All glass blocks supplied by the supplier are guaranteed free from defects in accordance with EN 1051-2. All other goods supplied by the supplier are guaranteed free from defects 12 months from the date of supply.
8.2 This guarantee does not apply to any defect in the goods arising from wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
8.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing via the e-mail address within 14 days.
8.4 If the goods supplied to you develop a defect while under guarantee or you have any other complaint about the goods, you should notify the Supplier in writing via the e-mail address, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8.5 This guarantee does not affect your statutory rights as a consumer.
9.1 The supplier cannot be held responsible for any problems arising due to installation of the goods. Moreover, since the supplier has no control over the quality of the installation and accessory materials used, no warranty can be provided once the glass blocks have been installed.
9.2 Installations guides supplied by The Supplier or shown on our website are for guidance only. The Supplier will not be responsible for any injury or loss as a result of using these guides.
10. Limitation of Liability
10.1 Subject to 10.2 below, if you are a consumer, the Supplier shall not be liable to you for any loss or damage in circumstances where:
10.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
10.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
10.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
10.2 Nothing in these conditions excludes or limits the liability of the Supplier for death or personal injury caused by the Suppliers negligence or fraudulent misrepresentation.
10.3 If you are a business customer the Supplier shall not be liable to you for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with this agreement.
Product images are for illustrative purposes only and may differ from the actual product although every endeavour has been made to reproduce them accurately.
12. Design and Reproduction
Drawings, photographs, part numbers, layout and style are not considered property. Quantities and measurements are approximate. Trademarks acknowledged. Exact products may vary from that shown. All products subject to availability.
These terms of sale and the supply of the goods will be subject to Spanish law and the Spanish courts will have jurisdiction in respect of any dispute arising from the contract.