ClaudiCemento Ltd
Furniture Terms & Conditions
Nothing in these terms and conditions affects the statutory rights of a Buyer dealing as a consumer, including rights under the Consumer Rights Act 2015.
1. Definitions and Interpretation
1.1 In these conditions:
“Buyer” means the individual, firm, company or other party purchasing the Goods from ClaudiCemento;
“ClaudiCemento” means ClaudiCemento Limited;
“Contract” means the contract for the sale and purchase of the Goods made between ClaudiCemento and the Buyer;
“Furniture Goods” or “Goods” means any dining table, furniture item or related made-to-order furniture product supplied by ClaudiCemento under the Contract;
“working days” means Monday to Friday, excluding bank holidays in England and Wales.
1.2 References to any statute or statutory provision shall include any amendment, extension or re-enactment of the same.
1.3 Words in the singular include the plural and vice versa. Clause headings do not affect interpretation.
2. Application of These Terms
2.1 These conditions apply only to the sale of Furniture Goods.
2.2 These conditions shall apply to the exclusion of any other terms the Buyer seeks to impose or incorporate, except where expressly agreed in writing by a director of ClaudiCemento.
2.3 Any quotation or estimate issued by ClaudiCemento is an invitation to treat only and is valid for 30 days unless otherwise stated.
2.4 An order placed by the Buyer is an offer to purchase the Goods subject to these conditions.
2.5 No order shall be binding unless and until accepted by ClaudiCemento in writing.
3. Product Information and Finish
3.1 The Buyer acknowledges that the Goods are decorative, handcrafted products.
3.2 Each tabletop or furniture surface finished in microcement is individually hand-applied and may contain natural variation in colour, shade, tone, texture, movement, pinholes, trowel marks, edge detail and overall surface character.
3.3 Such natural variation is inherent in the material and process and shall not constitute a defect.
3.4 Any photographs, samples, swatches, colour charts, product images, descriptions or illustrations on ClaudiCemento’s website, social media, brochures or other marketing materials are for general guidance only and may not exactly match the final Goods.
3.5 Colours and finishes may appear differently depending on screen settings, lighting conditions, viewing angle and surrounding materials.
4. Dimensions, Weights and Specifications
4.1 All dimensions, weights, thicknesses and specifications are approximate and subject to reasonable manufacturing tolerances.
4.2 ClaudiCemento reserves the right to make minor changes to the design, construction or finish of the Goods that do not materially affect their overall appearance, quality or intended use.
4.3 The Buyer is responsible for checking that the selected size, finish and specification are suitable for the intended location and use before placing the order.
5. Made-to-Order Goods
5.1 Unless otherwise stated in writing, all Furniture Goods are made to order.
5.2 Production shall begin only once: (a) the Buyer’s order has been accepted in writing by ClaudiCemento; (b) all relevant specifications, finish and delivery details have been confirmed; and (c) payment has been received in cleared funds in full, unless otherwise agreed in writing.
5.3 Estimated production and delivery time for dining tables is 6–8 weeks from satisfaction of clause 5.2, unless otherwise stated in writing.
5.4 Any delivery or production dates given by ClaudiCemento are estimates only and are not guaranteed. Time for delivery shall not be of the essence.
6. Price and Payment
6.1 The price of the Goods shall be the price stated on ClaudiCemento’s website or in the relevant quotation or order confirmation, subject to correction of any pricing errors.
6.2 Prices are exclusive of VAT unless expressly stated otherwise.
6.3 Delivery charges, specialist courier charges, storage charges and any other applicable charges shall be payable in addition to the price of the Goods unless expressly stated otherwise.
6.4 Payment must be made in full in cleared funds before production commences, unless otherwise agreed in writing.
6.5 ClaudiCemento reserves the right to cancel the order if payment is not received in accordance with these conditions.
7. Delivery and Access
7.1 The Buyer is responsible for ensuring that the delivery address, access route and intended location for the Goods are suitable and accessible.
7.2 The Buyer must check in advance, including where relevant: (a) external access; (b) internal door widths; (c) hallways and corridors; (d) staircases and landings; (e) lift dimensions; (f) turning spaces; (g) parking restrictions; and (h) any building management or timed delivery requirements.
7.3 The Buyer shall notify ClaudiCemento in advance of any access issues, restrictions or special delivery requirements.
7.4 Unless expressly agreed otherwise in writing, delivery is to the ground floor entrance, kerbside or first reasonably accessible point only, as determined by ClaudiCemento or the carrier acting reasonably.
7.5 Unless expressly agreed otherwise in writing, delivery does not include: (a) carrying the Goods upstairs or beyond the first accessible point; (b) unpacking; (c) assembly or installation; (d) positioning in the room of choice; (e) removal or disposal of packaging; or (f) removal of existing furniture.
7.6 If delivery cannot be completed due to lack of access, inaccurate information, absence of the Buyer or the Buyer’s representative, unsafe conditions, or any other delay or default caused by the Buyer, ClaudiCemento may: (a) rearrange delivery; (b) store the Goods at the Buyer’s risk; and/or (c) charge reasonable additional delivery, redelivery, storage, handling and administration costs.
7.7 If the Buyer requests that dispatch or delivery be delayed after the Goods are ready, ClaudiCemento may charge reasonable storage, insurance and handling costs.
8. Risk and Title
8.1 Risk in the Goods shall pass to the Buyer upon delivery.
8.2 Ownership of the Goods shall not pass to the Buyer until ClaudiCemento has received payment in full in cleared funds for the Goods and all other sums due from the Buyer.
9. Inspection on Delivery
9.1 The Buyer should inspect the Goods as soon as reasonably possible after delivery.
9.2 Any visible damage, missing parts or delivery discrepancy should, where possible, be noted at the time of delivery and reported to ClaudiCemento in writing within 48 hours of delivery.
9.3 Any concealed damage should be reported to ClaudiCemento in writing within 3 days of delivery, together with photographs of the Goods and packaging.
9.4 The Buyer should retain all packaging until any claim has been reviewed and resolved.
9.5 Nothing in this clause affects the statutory rights of a Buyer dealing as a consumer.
10. Assembly, Positioning and Handling
10.1 Where Goods require assembly, the Buyer must follow any assembly instructions provided by ClaudiCemento.
10.2 Unless expressly agreed otherwise in writing, ClaudiCemento does not provide assembly or installation services.
10.3 The Buyer is responsible for ensuring that the final location of the Goods is level, stable, suitable and capable of safely supporting the relevant weight.
10.4 ClaudiCemento shall not be liable for damage, instability, movement or defects arising from: (a) incorrect assembly; (b) mishandling; (c) dragging rather than lifting; (d) unsuitable flooring or uneven surfaces; or (e) installation or repositioning by the Buyer or any third party.
11. Use and Care
11.1 The Buyer must follow any care and maintenance instructions supplied by ClaudiCemento.
11.2 Microcement surfaces are durable but are not indestructible and are not guaranteed to be scratch-proof, chip-proof, stain-proof or heat-proof.
11.3 The Buyer should take reasonable care of the Goods, including: (a) using coasters, placemats and heat protection; (b) wiping spills promptly; (c) avoiding abrasive, acidic, bleach-based or solvent-based cleaning products; (d) avoiding impact, dragging and misuse; and (e) avoiding standing water or prolonged exposure to moisture.
11.4 The Buyer must not sit, stand or place excessive loads on the Goods beyond their normal intended use.
12. Cancellations, Changes and Returns
12.1 The Goods are made to order and may be bespoke, personalised or produced to the Buyer’s selected finish, colour or specification.
12.2 Once an order has been accepted and production has commenced, cancellation or changes may not be possible.
12.3 Where ClaudiCemento agrees, at its sole discretion, to a cancellation or amendment after order acceptance, ClaudiCemento may charge for work carried out, materials purchased, storage, administration and any other losses or costs reasonably incurred.
12.4 Bespoke, personalised or made-to-order Goods are non-returnable except where: (a) the Goods are defective; (b) the Goods are not as described; or (c) the Buyer has rights that cannot lawfully be excluded or restricted.
12.5 Any statutory cancellation rights a consumer may otherwise have may not apply to bespoke or clearly personalised Goods, to the extent permitted by law.
13. Warranty
13.1 Subject to the Buyer’s statutory rights, ClaudiCemento warrants that the Goods shall, for a period of 12 months from delivery, be free from material defects in materials and workmanship under normal indoor residential use.
13.2 This warranty does not apply to: (a) natural variation in colour, shade, tone, texture, pinholes, movement or surface character inherent in hand-applied microcement; (b) normal wear and tear; (c) minor marks consistent with ordinary domestic use; (d) scratches, chips, dents, stains, heat marks, water marks or impact damage; (e) damage caused by misuse, neglect, accident, improper cleaning, inadequate maintenance, standing liquids, excessive heat or humidity, dragging or improper handling; (f) damage arising from incorrect assembly, installation, relocation or storage by the Buyer or any third party; (g) repairs, alterations or modifications not authorised in writing by ClaudiCemento; or (h) commercial, hospitality or other non-residential use unless expressly agreed in writing.
13.3 The Buyer must notify ClaudiCemento in writing as soon as reasonably possible after discovering any alleged defect and provide photographs and such further information as ClaudiCemento may reasonably require.
13.4 ClaudiCemento shall be given a reasonable opportunity to inspect the Goods before any repair, alteration or remedial work is carried out.
13.5 If a valid claim is made under this warranty, ClaudiCemento shall, at its option, repair the Goods, replace the affected part, provide a like-for-like replacement, or offer an appropriate refund or price reduction.
13.6 This warranty is in addition to, and does not affect, the statutory rights of a Buyer dealing as a consumer.
14. Limitation of Liability
14.1 Nothing in these conditions excludes or limits ClaudiCemento’s liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability which cannot lawfully be excluded or limited.
14.2 Subject to clause 14.1 and to the statutory rights of a Buyer dealing as a consumer, ClaudiCemento shall not be liable for: (a) labour costs; (b) assembly or disassembly costs; (c) removal or reinstallation costs; (d) contractor costs; (e) transport, storage or access costs; (f) loss of use; (g) inconvenience; or (h) any indirect or consequential loss, arising out of or in connection with the Goods, except to the extent such liability cannot lawfully be excluded.
14.3 Subject to clause 14.1, ClaudiCemento’s total liability arising under or in connection with the Contract shall not exceed the price paid by the Buyer for the Goods giving rise to the claim.
15. Force Majeure
15.1 ClaudiCemento shall not be liable for any delay or failure to perform its obligations where such delay or failure results from events beyond its reasonable control, including without limitation acts of God, war, civil unrest, terrorism, strikes, accidents, supply chain disruption, transport interruption, shortages of labour or materials, fire, flood or governmental restrictions.
15.2 In such circumstances, ClaudiCemento shall be entitled to a reasonable extension of time for performance or, if performance becomes impracticable, to cancel the Contract and refund any sums paid for Goods not yet delivered.
16. General
16.1 ClaudiCemento may assign, subcontract or delegate any of its obligations under the Contract.
16.2 The Buyer may not assign or transfer its rights or obligations without ClaudiCemento’s prior written consent.
16.3 If any provision of these conditions is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
16.4 No failure or delay by ClaudiCemento in exercising any right shall constitute a waiver of that or any other right.
16.5 These conditions constitute the entire agreement between the parties in relation to the sale of the Goods.
16.6 A person who is not a party to the Contract shall have no right to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.
16.7 These conditions and any Contract shall be governed by English law and subject to the exclusive jurisdiction of the English courts.
ClaudiCemento Limited
Registered Office: UNIT 7, ENTERPRISE ROW, RANGEMOOR ROAD, N15 4LU, LONDON, UNITED KINGDOM
