Terms & Conditions

Please read all of our terms and conditions, thoroughly before placing an order with us.  They will be legally binding and will govern any order you place with us. Please ensure you have fully understood the terms and conditions, particularly the section with these headings, “Important Information’ and ‘Our Liability’ below.

Ordering Online

Placing your order online with us is safe and secure. We employ a method of interaction with our visitors that does not compromise credit card information. This online system is 100% secure. To placing your order and adding your items to the basket, there will be step-by-step instructions to guide you through the process to complete your order.

We do not store any of your card details. As soon as your order is placed, your card details are destroyed in an untraceable format.

We encourage you to feel comfortable using your credit card to conduct commerce on our site.

Once receipt has been approved by the customer, cemlux.com will confirm via electronic mail within one working day that the confirmation has been received.

This is a bespoke service, which means after the point of diagram confirmation absolutely no changes can be made to the order; however, should you notice any errors you should make contact with the fabrication department within one working day and Cemlux will consider the request of the amendment. Our assessment is final and Cemlux reserve the right to deny any request for change after the point of diagram confirmation.

 

Fabrication orders cannot be cancelled once a contract has been created. In any exceptional circumstance, we  reserve the right to allow the customer to cancel the fabrication work should we deem this is necessary, but only if the good have not yet been subject to customisation. Any cancellations in such a way will not be subjected to a full refund. Cemlux reserve the rights to charge and amount, no less than £50.00, to cover all aspects of the service that have been completed. Cemlux also reserve the rights to offer or withdraw this cancellation options.

 

After the contract has been created, the customer can not cancel the order even if the products have not yet been dispatched.  The “Fabrication service” includes, but is not exclusive to, all works detailed on our fabrication service page, e.g. machining, oiling, and other fabrication works. In the rare event that custom or bespoke goods are found to be faulty, we will arrange to repair, or replace the items if deemed necessary (subject to the provisions set out in the "returns" section above).

We will endeavour to complete this work as soon as practicable. We may wish to collect the items in order to carry out any such repair.

 

Whilst we use reasonable endeavours to deliver any bespoke items within the time-frame quoted at point of order, due to the custom manufacturing process of any goods made specifically to the customers required size or thickness, the lead time for bespoke items manufactured in Europe may be delayed slightly and time shall not be of the essence in respect of any specified delivery or installation dates; to this end we recommend that all of our customers allow an additional 28 days in the event of any unforeseen delays. Please note that this extended lead-time does not affect items altered in our fabrication service, merely for bespoke manufactured items, for example, extra thick or extra wide items that are clearly labelled as "bespoke".

Orders cannot be cancelled where products have been altered by cemlux.com

Please note that consumers' statutory right of cancellation does not apply to orders which are made to measure or in any way cut or altered to your requirements.

Delivery information

Our in-house service is the recommended service for most deliveries, though we may require the use of a third party courier for postcodes outside our current coverage area. Terms and conditions are specific to each courier.

Though Cemlux works hard to ensure our customers receive the best service from external courier services, Cemlux cannot be held responsible for any delays that occur as part of an external courier service. It is the responsibility of the customer to familiarise him/herself with the terms and conditions of each service prior to selecting a delivery option.

 

Accessory Delivery Service

It’s the customer's responsibility to ensure that there is someone at the property to receive the parcel at the relevant time. Cemlux will inform customer at least 24 hours before the delivery of the product.

Should delivery be unsuccessful due to the customer not being at the property on the scheduled delivery date, the customer is liable for any and all costs, charges and fees incurred in returning or storing the undelivered shipment.

All goods must be inspected for damage or shortfall on delivery in the presence of the delivery driver. Any loss or damage must be clearly written on the delivery note and we must be informed via electronic mail within two working days of receipt (for the avoidance of doubt, Saturdays, Sundays and Bank Holidays are not classed as working days). No claims for loss or damage can be made after this. Upon signing, the Customer will become responsible for the goods and any subsequent loss, damage or destruction of the goods. The delivery note is a legal document and is the only admissible proof that delivery has been made to you without any loss or damage.

Change to Delivery Date

For all delivery options, the final cut-off point for changing delivery date is 10:00 AM prior to the working day of despatch (i.e. 10:00 AM on Friday morning if the goods are to be delivered on Monday). Please note, where certain areas must be booked at least 48 hours in advance as indicated on the delivery details page, the cut-off point for changing delivery date is 10:00 AM on a working day prior to this time. It is the customer's responsibility to make contact with Cemlux to rearrange delivery within this time-period. Suitable confirmation of the new arrangements must be provided by Cemlux to verify successful rearrangement of delivery. Cemlux will make every effort to accommodate requests for alteration to delivery date but does not guarantee this. If confirmation of new delivery date from Cemlux is not received by the customer, he/she should assume that the original delivery date stands.

If delivery is not rearranged with Cemlux prior to the aforementioned cut-off point, the customer bears the full responsibility of any delay or surcharges caused should the delivery not be successful.

Prices

All product are charged at the prices that are shown on the product pages on the date the customer places the order and are exclusive of VAT. All prices are correct at the time of publication, errors and omissions are excepted. Orders will be processed at our published prices; otherwise, in the case of any unexpected change in price, you will be informed and asked if you wish to reconsider your order before proceeding.

The risk in the goods shall pass to the customer on delivery and title shall pass upon receipt by us of payment in full and cleared funds.

Sale Prices, where the end date of the sale is stated is not explicit and an extension can be made at Cemlux discretion.

Complaints

If we should receive a complaint about any part of our service, by phone, email or letter, then it will be dealt with properly. Cemlux.com will attempt to respond to all complaints within two working days, however during busy periods we will endeavour to reply within 7 working days (for the avoidance of doubt, Saturdays, Sundays and Bank Holidays are not classed as working days). All complaints will be dealt with fairly and in confidence.

Important information

Although we organise for delivery to occur on a certain date that is suited to the customer's requirements. We would strongly advise that the hiring of trades not completed until the products have arrived at the destination in satisfactory condition.

Though we have an extremely high delivery success rate, occasionally, due to matters out of our control such as poor handling in transit or extreme weather conditions, delivery of the complete order in satisfactory condition may not be possible on the initially agreed date. We also do not advise that any existing fittings are removed until a successful delivery has been achieved. We cannot be held responsible for any fees or losses caused by a delivery that is not delivered on the initial date but is still delivered within a reasonable time-frame. In the unlikely case that a delay in delivery does occur, we will, of course, give the order our utmost attention and attempt to resolve any problems in the shortest period of time possible.

Cemlux advises that all products are inspected thoroughly on delivery and before any installation work commences. Any work carried out for any of the goods received constitutes immediate acceptance of the items. This includes cutting, oiling, or any alterations that remove the item from its original condition. Any defects or faults later reported will be deemed as to have been caused, and thus bear the responsibility of, the customer (unless the customer can prove otherwise). Cemlux.com are not responsible for any fault or damage caused by negligent installation or failure to comply with our installation and aftercare instructions.

Please do not attempt to fix any problem yourself without contacting us first. We are unable to accept a return of any goods if any unauthorized alterations have been made. If goods have been altered without our prior authorization this may invalidate the

Due to the nature of the image reproduction process and the nature of the products we supply, we cannot guarantee the colour accuracy of certain products. Cemlux.com will always attempt to colour match goods ordered on a multiple bases, however as wood is a natural product we cannot guarantee any replication of colour from piece to piece.

During manufacture, we go to great lengths to remove nearly all natural imperfections from the surface of our worktops. Larger natural imperfections may occasionally appear on the underside of the worktop, and these shall not constitute faults or defects as long as they do not affect structural rigidity. Any images and samples should be treated as an approximate guide only, as stave widths, colours, lengths and appearance can vary from piece to piece. Concrete is a natural product that cannot be replicated uniformly, and therefore any samples that we provide are for guidance only, and we explicitly do not offer a sale by sample service. We offer sale by description only, and the customer expressly accepts this.

We go to great lengths to provide detailed installation and maintenance information and Cemlux.com cannot be held responsible for the lack of incorrect installation, maintenance or general mishandling.

The maximum unsupported overhang that we recommend for a worktop is 200mm (based on a 620mm wide worktop). The recommendation for a larger overhang/span would be calculated on a pro-rata basis (i.e. the recommended unsupported overhang for a 960mm wide worktop [approximately 55% larger than a 620mm wide worktop] would be 110mm). If you require a larger overhang, we may also suggest that a suitable support leg(s) is used. The customer agrees to install the products as per our installation and aftercare guide. Failure to follow this means that you accept full responsibility for any resultant damage or defects. Due to slight variations in stave size and colour as a result of batch variation, please contact us if you are attempting to match worktops to another worktop, or to a previous purchase so that we can attempt to help where possible. If you are joining a worktop end to end please inform us prior to purchase so that we will endeavour to locate two worktops that match as closely as possible. If you experience any problems with worktops that you have received, please contact us within two working days (for avoidance of doubt, Saturdays, Sundays and Bank Holidays are not classed as working days) and always before you alter them from their original condition, as any goods altered from their original state cannot be returned or exchanged (unless you are able to prove that a fault or defect existed on delivery). Where a number of orders are advertised as having been delivered, this figure may refer to the total number of orders delivered by the limited company and not necessarily the specific brand, and may also include promotional items. Please note that we can only accept cash payments for orders totalling £500 or less (including the cost of delivery). Any orders over this amount must be paid directly via credit card, debit card or Paypal. Cheques can be accepted if made payable to Direct Online Services for the full amount. The applicable order number must be noted on the rear of the cheques, and orders will not be booked for delivery until the cheque has cleared.

We reserve the right to alter these Terms and Conditions at any time upon providing advanced notice.

OUR LIABILITY

Our liability if you are a business customer:

Where you order products in the course of a trade or the course of business, this section will apply.

We warrant that on delivery of the products you have ordered shall:

  1. conform in all material respects with the agreed specification; and
  2. be free from material defects in design, material and workmanship.

You acknowledge that for the purposes of this section, natural imperfections, cracks resulting from natural expansion and contraction, and minor variations in the colour and size of the products shall not be non-conformities or material defects due to the nature of the products, being products manufactured from natural timber. Similarly, you agree that you shall treat all images and samples provided to you by us as approximate guides only. You acknowledge that you have read and understood the "Important Information" section above.

If you give us notice in writing, within 24 hours of delivery and prior to installation and otherwise within 24 hours of discovery that some or all of the product we have supplied do not comply with the warranty set out above and we are given a reasonable opportunity to examine the product and you return the products to us at your cost, then we shall repair or replace the defective product, or refund the price of the defective product, subject to the following.

We shall not be liable for the product' failure to comply with the warranty set out above in any of the following circumstances:

  1. You make any further use of the product after giving notice of a defect.
  2. The defect arises because you failed to follow our installation and aftercare instructions and product trade practices as to the storage, installation, use and maintenance of the product.
  3. The defect arises as a result of us following any drawing, design or specification supplied by you.
  4. You have altered or repaired the products without our written consent.
  5. The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
  6. The products differ from the agreed specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

Except as provided in this section, we shall have no liability to you in respect of the goods' failure to comply with the warranty set out at the beginning of this section.

The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded.

Nothing in these terms shall limit or exclude our liability for:

  1. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable).
  2. Fraud or fraudulent misrepresentation.
  3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
  4. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Subject to this:

  1. Cemlux will under no circumstances whatever be liable to you, 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 these terms and conditions.
  2. Cemlux will under no circumstances whatever be liable to you for any removal and reinstallation and related costs or expenses (whether direct, indirect or consequential) resulting from any breach of the warranty above.
  3. Our total liability to you in respect of all other losses arising under or in connection with these terms and conditions, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price paid by you for the goods.

Our liability if you are a consumer:

As a consumer, you have legal rights in relation to all products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these terms and conditions will affect these legal rights. If you are a consumer, the following warranty is in addition to your legal rights.

We warrant that on delivery the goods you have ordered shall be:

  1. Conform in all material respects with the agreed specification.
  2. Be free from material defects in design, material and workmanship.

You acknowledge that for the purposes of this section, natural imperfections, cracks resulting from natural expansion and contraction, and minor variations in the colour and size of the products shall not be non-conformities or material defects due to the nature of the product, being goods manufactured from natural timber. Similarly, you agree that you shall treat all images and samples provided to you by us as approximate guides only.

If you give notice in writing to us within 24 hours of delivery and prior to installation and otherwise within 24 hours of discovery that some or all of the products that we have supplied do not comply with the warranty set out above and we are given a reasonable opportunity to examine the goods and you return the goods to us at your cost, then we shall repair or replace the defective goods, or refund the price of the defective goods, subject to the following.

We shall not be liable for the products' failure to comply with the warranty set out above in any of the following circumstances:

  1. You make any further use of such products after giving notice of a defect.
  2. The defect arises because you failed to follow our installation and aftercare instructions and good trade practices as to the storage, installation, use and maintenance of the product.
  3. The defect arises as a result of us following any drawing, design or specification supplied by you.
  4. You have altered or repaired the products without our written consent.
  5. The defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions.
  6. The product differs from the agreed specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

Nothing in these terms shall limit or exclude our liability for:

  1. Death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors.
  2. Fraud or fraudulent misrepresentation.
  3. Breach of the terms implied by section 12 of the Sale of Goods Act 1979.
  4. Any matter in respect of which it would be unlawful for us to exclude or restrict liability.

Subject to this:

  1. Cemlux will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any indirect or consequential loss arising under or in connection with these terms and conditions.
  2. As we are supplying the goods to you for domestic and private use, you agree not to use the goods for any commercial, business, or for resale purposes and we shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Force Majure

We shall not be liable for any failure or delay in performing our obligations under these terms and conditions to the extent that such failure or delay is caused by any event beyond our reasonable control this includes; strikes, lock-outs or other industrial disputes, 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, or default of suppliers or subcontractors.

Waiver

A waiver of any right under these terms and conditions is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under these terms and conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.

Severance

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected.

Governing Law and Jurisdiction 

These terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.

Returns

All product that we sell has been carefully inspected before they are dispatched,

although very occasionally problems may occur. As detailed in the Consumer Rights Act 2015, customers who are consumers (i.e. individuals ordering for private use, rather than in the course of a trade or business) have the right to return standard sized, un-oiled goods. In accordance with the Consumer Rights Act 2015, private individuals have the right to cancel the contract for the purchase of any item(s) within a period of 14 calendar days, beginning with the day after the day on which the item(s) are delivered (for the avoidance of doubt, Saturdays, Sundays and Bank Holidays are not classed as working days). Any cancellation requests must be made within the timeframe specified. We will then arrange to collect them (the whole order) and give a full refund.

The collection cost must be paid by the customer, except in instances where the goods supplied are faulty, have been supplied in error, or misdescribed by the seller. We are under no obligation to offer a collection service in these circumstances, and in any event, under no circumstances can these collection fees be waived. A collection charge, no less than £50.00, will be confirmed when the collection is arranged. Alternatively, the customer may arrange transportation. The customer must pay all costs involved in transporting the goods back to the warehouse from which they were despatched. The goods must be insured whilst in transit for the full value. Customer returns must be agreed by both parties before the goods are returned. Any refunds for returned items will be processed within 14 days (from notice of cancellation, or in the case where goods are to be returned, within 14 days of receipt of the goods in suitable condition). We reserve the right to recover any amount, up to the full contract price, in cases where the value of the returned goods has been diminished as a result of unreasonable care. Please note that in accordance with The Consumer Rights Act 2015, if your goods are faulty you have 30 days to request a full refund.

The exception to this right of cancellation for consumers is bespoke items. Customers do not have the right to cancel the contract for the purchase of any goods that have been subject to any works by Cemlux.com, including services detailed on our fabrication service.

The right of cancellation outlined above applies to consumers only and not to anybody ordering goods in the course of a trade or business.

Whether you are a consumer or a business customer, we will exchange or repair items if they are faulty or defective on delivery to you provided that we are notified within two working days of your discovery of the fault or defect and you take all reasonable steps to ensure that the items do not deteriorate further (for avoidance of doubt, Saturdays, Sundays and Bank Holidays are not classed as working days). In no circumstances will we be liable for defects arising from fair wear and tear accidental damage, and misuse, failure to comply with our installation and aftercare instructions, or other negligent actions by you or your installer. For further information on what constitutes a fault or defect, and for further information on our liability to you.

Any cancellation or return requests must be made within the timeframe specified. All products to be returned must be carefully repackaged in their original packing; for example, shrink-wrapped and factory packaged worktops must be returned unopened. For damaged goods and the delivery procedure, please see our delivery information page.

 

For cancellations, please use the 'model cancellation form' such as the one below. Fill in the details and ensure that they apply correctly to the person/trader who placed the order.

MODEL CANCELLATION FORM

Cemlux

9 Devonshire Square, London EC2M 4YF

office@cemlux.com

 

[I / We]* hereby give notice that [I / We]* cancel [my / our contract]* of [sale of the following goods / For Supply of the following service]*, Ordered on [Insert Order Date Here]*,

[Name of consumer(s)]

[Order Number of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)]

[Date]

*Delete as appropriate.

 

 

 

 

 

 

 

 

 

 

 

 




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