Definition
- The "Buyer" "you" means the person who buys or agrees to buy Goods from the Seller.
- The "Seller" "we" "us" means Heritage Brass Building Materials Trading LLC, trade license number 682800.
- "Terms and Conditions" means the Terms and Conditions of Sale set out in this document and any special conditions agreed in writing by the Seller.
- "Order" Means the contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Terms and Conditions.
- "Goods" Means the goods (or any part of them) set out in the Order.
- A reference to writing or written includes faxes and e-mails.
Basis of Contract
- These Terms and Conditions govern the sale of Goods by the Seller to the Buyer. The Seller’s acceptance of the Order by delivery of the Goods constitutes a legally binding contract between the parties on these Terms and Conditions.
- All orders placed by the Buyer are on the basis of these Terms and Conditions and are subject to acceptance by the Seller by delivery of the Goods to the Buyer at which point a legally binding contract is constituted between the parties. The processing of payment and acknowledgment of the Buyer’s Order does not constitute legal acceptance of the Order
- These Terms and Conditions supersede all previous terms and conditions issued by the Seller and the Buyer agrees to be governed by them in all matters arising from the purchase of Goods from the Seller.
- Any samples, drawings, descriptive matter, or advertising produced by the Seller and any illustrations contained in the Seller’s catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Goods described in them. They shall not have any contractual force.
Price and Payment
- The price payable for the Goods is as set out on the Seller’s website at the time the Order is placed.
- The Seller must receive payment for the whole of the price of the Goods ordered, and any applicable charges for packaging, insurance and delivery, before the Order can be accepted unless the Seller has agreed otherwise in advance in writing.
- Occasionally an error may occur and Goods may be incorrectly priced on the website, in such circumstances the Seller will not be obliged to supply the Goods at the incorrect price, but will inform the Buyer of the correct valid price to enable the Buyer to re-order.
- The Seller shall have the discretion to update pricing on its website. Prices charged will be those ruling at the date of despatch of goods.
Value Added Tax (VAT) Information
- VAT is applied to all products on the Seller's website.
- VAT must be paid by the Buyer for all orders delivered within the UAE.
Delivery and Title
- Title to the Goods shall not pass to the Buyer until the Seller has received payment in full for the Goods and all other sums which are or which become due to the Seller for sale of Goods to the Buyer.
- The Seller will endeavour to deliver the Goods in accordance with the Order within the stated delivery time.
Goods
- For technical reasons connected with colour reproduction the colours shown in catalogues and our website may vary slightly from the colour of the actual product.
- Antique and Bronze Finished products may have variations in colour and tone, this is not a fault but a characteristic of the finish.
Order Acknowledgement and Amendment
- When an order has been placed and order confirmation received, it is the Buyers responsibility to check that all details are correct as the Seller cannot be held responsible if the data inputted is incorrect.
- Once an order has been processed and dispatched it is not possible for it to be amended.
- If any information requires amendment, the Buyer must contact the Seller as soon as possible to inform the Seller on said information that requires amending.
Returns & Damaged Goods
- The exchange or return of goods is in the sole discretion of the company, only goods in the original packaging, unopened and not damaged will be accepted. An exchange or return will only be accepted within 14 days of delivery.
- In the event of exchange/return of goods, a handling fee of minimum 30% of the returned goods value will be applied.
- The Seller will refund by the same method of payment used to purchase the Goods.
- Please note tailor-made or customised goods cannot be returned.
- In the unlikely event of the Goods being faulty or damaged the Seller will offer a full refund or replacement of items.
- Further details on the procedure for returns are set out in our Returns Policy.
Liability
- The Seller shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Order.
- All Goods are sold in accordance with the manufacturer’s specifications and are subject to any qualifications, representations or instructions contained in the documentation associated with the Goods.
- The Seller will not be responsible to the Buyer or, in the event that the Buyer is undertaking work for another person, to any other person, for the use or installation of any Goods by the Buyer. Accordingly, if the Buyer is a trade customer, to the extent permitted by law, the Buyer hereby agrees to hold the Seller harmless, and indemnify the Seller against any liability associated with, any claim or allegation that the Seller is responsible for any failings in the installation or use of Goods that the Seller supplies.
Force Majeure
Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including (but not limited to) strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, unforeseen shortages in Goods or materials, or default of suppliers or subcontractors.
Copyright
Drawings, photographs, part numbers, layout and style are all considered the property of the Seller. Reproduction in whole, or in part, is strictly prohibited without prior written permission of the Seller. Quantities and measurements are approximate. All trademarks are acknowledged. Exact products may vary from those shown.
General
- If any provision of these Terms and Conditions is invalid, illegal or unenforceable (including any provision in which the Seller excludes its liability to the Buyer) that provision shall, to the extent required, be deemed to be deleted and the validity, legality or enforceability of any other part of these Terms and Conditions will not be affected.
- This contract and any dispute or claim arising out of or in connection with it shall be governed by and interpreted in accordance with UAE law, the parties irrevocably submit to the exclusive jurisdiction of the courts of the UAE.
- These Terms and Conditions constitute the entire agreement between the parties and the Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Order.
- A person who is not a party to the contract shall not have any rights under or in connection with it.
- The Seller will retain and use the Buyers personal data for the purpose of advertising, marketing and its administration. We may disclose your information to our service providers for these purposes.