InigmaDirect Terms and Conditions for the Sale of Goods
Please read these Terms and Conditions carefully prior to placing your order with InigmaDirect
Acceptance of your order is on the understanding that you have fully read, understood and agrees to these Terms and Conditions. If you require further clarification of any of the outlined details prior to ordering, please email one of our customer advisors using our contact page
Application of Terms
Subject to any variation, as permitted below, the contract shall be on these Terms and Conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any purchase order, confirmation of order, specification or other document).
No terms or conditions endorsed on, delivered with or contained in your purchase order, confirmation of order, specification or other document shall form part of the contract simply as a result of such document being referred to in the contract.
These Terms and Conditions apply to all InigmaDirect sales and any variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing and signed by InigmaDirect. The customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of InigmaDirect, which is not set out in the contract. Nothing in this condition shall exclude or limit InigmaDirect’s liability for fraudulent misrepresentation.
Each order or acceptance of a quotation for goods by the customer from InigmaDirect shall be deemed to be an offer by the customer to buy goods subject to these conditions.
No order placed by the customer shall be deemed to be accepted by InigmaDirect until InigmaDirect issues a written acknowledgement of order or (if earlier) InigmaDirect delivers the goods to the customer.
The customer shall ensure that the terms of its order and any applicable specification are complete and accurate.
Any quotation is given on the basis that no contract shall come into existence until InigmaDirect despatches an acknowledgement of order to the customer. Any quotation is valid for a period of 30 days only from its date, provided that InigmaDirect has not previously withdrawn it.
Specification and Colour
All images on our site depicting worktops and associated products are for guidance only and colour representation will depend upon the equipment being used to view the images. Images on our site will not form part of the Contract and this is not a sale by sample.
Timber is a natural product and therefore slight movements and variations in colour and grain can occur. Our samples should be treated as approximate examples only. InigmaDirect reserves the right to alter specification and/or colour without notice.
The quantity and description of goods will be set out in InigmaDirect’s quotation or order acknowledgement.
Prices and Payment
InigmaDirect reserves the right to revise prices and details at any time without notice. However, we will not increase a price, which has been confirmed on a written acknowledgement of order. Unless otherwise agreed by InigmaDirect on the written acknowledgement of order, the price for the goods shall be the price set out in the Company's price list published on the date of delivery or deemed delivery on our site.
If we list a product at the wrong price due to typographical error, we have the right to refuse or cancel any orders placed.
We will not accept any order until funds have been received in full and a clear balance is evident. Once payment is received, we will confirm acceptance of your order in a written acknowledgment of order by e-mail. Whether or not you receive an e-mail, our acceptance of your order will create a legally binding contract between us. Items are subject to availability. We reserve the right not to supply customers at our discretion.
Delivery charges are an additional cost based on a minimum order value. Prices and delivery charges displayed are valid and effective only in the United Kingdom.
Credit and Debit Card Payments
All prices are shown in British Pounds Sterling. All major credit and debit cards are accepted. No transaction fees will be charged. The total amount you pay is the same, regardless of the payment method.
We observe the terms of the Consumer Protection (Distance Selling) Regulations 2000 (Distance Selling Regulations). However, for the avoidance of doubt cancellation rights are not applicable for made to order goods.
If you are dealing as a consumer you will be entitled to cancel the contract within seven working days after receiving the goods. If you intend to cancel the contract you must inform us in writing that you intend to do so. If the contract is cancelled, you will be responsible for returning the goods to us (together with the original packaging) at your own expense.
You are under a statutory duty to take reasonable care of the goods throughout the period of cancellation and return the goods in the same state as received.
Please see Terms & Conditions of Delivery below
Returns and Refunds Policy
If any product is delivered in error through the fault of InigmaDirect then we will collect the incorrect product and replace them with the correct products as soon as possible.
In the event that the customer falls outside the scope of the Distance Selling Regulations (dealing as a business or ordering bespoke goods), replacing products if incorrect due to an error made by the customer is left to the absolute discretion of InigmaDirect. If it is agreed to replace a product/s, the customer will be charged a full collection fee and minimum restock fee of 35% of the price of goods.
Goods must be returned to InigmaDirect in their original packaging and received in the same perfect condition as at date of dispatch from the Company’s warehouse. Any credit will be determined following examination of the goods on their return
We will always endeavour to deliver goods on time, as specified when ordering. However, under no circumstances will we give a refund if the products are late for any reason.
All delivered goods must be signed for as ‘UNCHECKED’ at the time of delivery. Deliveries must be thoroughly inspected immediately and any defects, damage or shortfalls must be reported to InigmaDirect within 24 hours of the delivery. After this period InigmaDirect will not be held responsible for damaged or unsatisfactory goods.
We do not give any form of compensation if the products are delivered damaged. If damaged and not satisfactory for use, we will replace them at the earliest possible convenient date.
We are not responsible for any losses incurred for late delivery, damage or incompetent fitting.
Limitation of Liability
Subject to the terms dealing with risk and title on delivery below, the following provisions set out the entire financial liability of InigmaDirect (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(a) any breach of these conditions;
(b) any use made or resale by you of any of the goods, or of any product incorporating any of the goods; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract.
Nothing in these Terms and Conditions excludes or limits the liability of InigmaDirect:
(a) for death or personal injury caused by InigmaDirect's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for InigmaDirect to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
Subject to the terms above:
(a) InigmaDirect’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and
(b) InigmaDirect shall not be liable to you for loss of profit, loss of business, or depletion of goodwill (together with costs, damages, charges or expenses caused) in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the contract. We therefore recommend that you only arrange for trades people to carry out work on your behalf after your order has been delivered by us.
Any liability of the Company for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
Risk and Title on Delivery
Goods are dispatched on the understanding that you have fully read, understood and agree to the Terms and Conditions of delivery as detailed below. If you require further clarification of any of the outlined details prior to ordering, please email one of our advisors via our contact page.
If you are receiving your goods via a third-party courier you MUST provide a minimum of one adequate able-bodied person at your own expense to assist the driver with the unloading of the goods. Goods will be delivered at the delivery point identified on the written acknowledgment of order. Deliveries will only be unloaded by the driver to a convenient and accessible ground-floor location.
The courier's delivery docket must always be signed for. If there is obvious damage to either the product OR the packaging 'DAMAGED' must be written on the courier's delivery docket. If this strict rule is not adhered to then the risk of the goods is passed to you at the point and time of acceptance of delivery and no claims with regard to carrier damaged items can be entertained by the company. Any shortfalls must be additionally noted on the delivery docket as ‘ITEMS UNDELIVERED’. We insure our deliveries for ‘carrier loss and damage’ and as long as the delivery note has been signed accordingly we will repair or replace the damaged or missing items at our earliest convenience.
All goods must be thoroughly inspected immediately and any defects, damage or shortfalls must be reported by written notice directly to InigmaDirect by email within 24 hours of receipt of delivery. InigmaDirect must be given a reasonable opportunity, after receiving the notice, to examine the goods. If requested by InigmaDirect, you must return the goods to InigmaDirect’s place of business.
After this period any damage will be deemed to have occurred due to incorrect storage by the customer. This does not affect your statutory rights as a consumer.
InigmaDirect may deliver products to you by third-party courier services or direct and access by articulated vehicle may be required. It is your responsibility to inform InigmaDirect should this not be possible due to inadequate turning, vehicle weight, width or height limit. Delivery vehicle parking must be within close and safe proximity to the delivery address. It is assumed that your delivery address is easily accessible but if you foresee any difficulties you must notify us beforehand so that we can arrange a special delivery.
Orders will be delivered during normal working hours (Monday-Friday 9AM-5.30PM). Delivery dates and times specified by us are given in good faith but are approximate only and time for delivery shall not be made of the essence by notice.
If no dates for delivery are specified, delivery shall be within a reasonable time.
Delay due to circumstances outside of the control of the company shall not entitle the customer to cancel any order or refuse to accept delivery.
If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or InigmaDirect is unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations or access to your property is not available to us:
(a) risk in the goods shall pass to you (including for loss or damage caused by InigmaDirect's negligence);
(b) the goods shall be deemed to have been delivered; and
(c) InigmaDirect may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).
InigmaDirect will specify an alternative delivery date and if no alternative delivery date is specified it shall be within a reasonable time.
Goods will not be left without a valid signature from a member of your household or business, who must be 18 years old or over. If no one is present at the premises to accept or sign for the delivery then full, unsubsidised cost of re-delivery will be charged to you before re-delivery can commence.
In the event that goods are to be returned to InigmaDirect, all items must be repacked securely using the existing packaging, stored safely and made available for collection.
InigmaDirect may deliver goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these terms and conditions.
Each instalment shall be a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to repudiate or cancel any other contract or instalment.
InigmaDirect shall not be liable where performance of any of our obligations to you is prevented, frustrated or impeded by reason of acts of God, war and other hostilities, civil commotion, accident, lock outs, strikes, trade disputes, acts or restraints of Government, imposition or restrictions of imports or exports or any other cause not within the reasonable control of InigmaDirect.
If any part of these terms and conditions is found to be unenforceable as a matter of law, all other parts of these terms and conditions shall not be affected and shall remain in force.
All of the above terms and conditions shall be governed by and construed in accordance with English law and the English Courts shall have jurisdiction over any disputes between us.
All communications between the parties about the contract shall be in writing and delivered by email:
(a) (in case of communications to InigmaDirect) to its registered office or such changed address as shall be notified to you by InigmaDirect; or
(b) (in the case of the communications to you) to the registered office of the addressee (if you are a company) or (in any other case) to any address set out in any document which forms part of the contract or such other address as shall be notified to InigmaDirect by you.
Communications shall be deemed to have been received:
(a) if sent by pre-paid first class post, two days (excluding Saturdays, Sundays and bank and public holidays) after posting (exclusive of the day of posting); or
(b) if delivered by hand, on the day of delivery; or
(c) if sent by fax on a working day prior to 4.00 pm, at the time of transmission and otherwise on the next working day.
Communications addressed to InigmaDirect shall be marked for the attention of the Managing Director.
You shall not be entitled to assign the contract or any part of it without the prior written consent of InigmaDirect.
The contract constitutes the whole agreement between the parties and supersedes all previous agreements between the parties relating to its subject matter.
Each party acknowledges that, in entering into the contract, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) (other than for breach of contract), as expressly provided in the contract.
Nothing in this condition shall limit or exclude any liability for fraud.