Sales Conditions

Definitions
"Buyer" means the person who buys or agrees to buy the Products from the Seller.
"Seller" means - Fontanot SPA
"Conditions" means the terms and conditions of sale set out in this document and any other terms and conditions agreed in writing by the Seller.
"Delivery date" means the date estimated by the Seller when the Products are likely to be delivered.
"Products" means the goods to be purchased by the Buyer
"Price" means the price for the Services or Products including carriage, (mainland only) packing and VAT, unless otherwise stated.
"Consumer" is a person who is not acting in the course of a trade or profession
"Services" means the services to be provided by the Seller to the Buyer
1 - The Contract
1.1 All orders are accepted by us only under these Terms which may not be altered except with the written agreement of a Director or Company Signatory of Fontanot SPA. Any contrary or additional Terms unless so agreed are excluded.
1.2 Orders may be cancelled only with the written agreement of a Company Signatory or Director and you will indemnify us against all losses damages costs and expenses we incur as a result of that cancellation.
2 - Title & Risk
2.1 Risk to the goods shall pass to the Buyer on delivery or collection.
3 - Price / Payment
3.1 All prices quoted are inclusive of VAT where applicable.
3.2 The Buyer shall pay the Price at the date of placing the order. Payment terms are 100% with order, unless otherwise specified by the seller at the time of the quotation. All deposits paid to us are non refundable.
3.3 goods will remain the property of the Seller until full payment is received.
4 - Delivery
4.1 All orders are delivered to mainland UK, islands are excluded. The shipping charge is £120.00 (automatically added to cart).
4.2 Fontanot products are dispatched within 25 working days after receipt of payment to the mainland UK. We cannot deliver to Islands (Isle of Man, Isle of Wight, Jersey etc.) but we will deliver to the nearest port within mainland UK.
4.3 Whilst we endeavour to deliver Goods within the lead times stated, occasionally delays occur which are outside our control. For this reason we cannot guarantee specific delivery dates. Fontanot spa will not be liable for any costs incurred by the Customer due to delays caused by outside agents. These include but are not limited to, Strikes, Traffic Delays, problems with access, Riot, Acts of God, War and terrorism.
4.4 Short deliveries or items damaged on receipt must be noted on the delivery note, and Fontanot spa should be notified within 24 hours of the delivery.
4.5 Most Staircase deliveries are made on vehicles with tail lift facility, to the kerbside. Goods may not be delivered if the driver considers the access is unsuitable. Deliveries which cannot be completed, such as no answer at the delivery address, will be returned to the nearest depot and a re-delivery charge will apply.
4.6 Delivery time is between 2 and 3 weeks, except:
  - bespoke products where delivery times will be discussed on enquiry;
  - Fontanot Zooom Plus loft ladder where delivery times are 20/25 working days.
4.7 The terms of delivery must always be understood as purely indicative and not binding.
4.8 Any delay due to force majeure or unforeseeable circumstances, for excessive cost or for impediments of any nature or to acts or omissions of the buyer is not considered attributable to the seller. In such cases the buyer will not be entitled to compensation or compensation of any kind, while FONTANOT S.p.A. reserves the right to cancel contracts in whole or in part, to suspend or extend execution.
5 - The Product
5.1 The Seller may make any changes in the specification of the Products which do not materially affect their quality or performance.
5.2 Photographs are for illustrative purpose only, and may not exactly match the product itself
5.3 Descriptions of goods are for reference only, and may not exactly match the product itself.
5.4 Goods modified or altered in any way by the Buyer will invalidate all guarantees and warranties offered at the time of sale.
5.5 The Seller does not warrant that the Products comply with Building Regulations currently in force in England, Scotland and Wales it is the responsibility of the buyer to check with their local building control department for compliance of the product/s prior to ordering.
5.6 The Buyer is responsible for ensuring that the Product is assembled and installed in accordance with the manufacturer's instructions, and that the installation complies with relevant Building Regulations and Planning Laws
5.7 All Made to Measure orders will require a deposit of 50% of the value of the goods which will not be refundable in the event of cancellation by you,
6 - Returns Policy & Cancellations
6.1 If the Buyer is a Consumer and is dissatisfied with the Products for any reason the Buyer may, within 20/25 working days after the date of delivery of the Products, notify the Seller that he is cancelling the contract. As soon as reasonably practicable after so notifying the Seller, the Buyer must return the Products to the Seller at the Buyer's expense or, at the option of the Seller, the Seller may elect to collect the Products from the Buyer at the Buyer's expense. In the latter case, the Buyer will co-operate reasonably with the Seller in making the Products available for collection. Any money paid by the Buyer for the Products will be refunded within 30 days provided that the Seller receives the goods in the same condition they were in at the time of delivery to the Buyer (The right to cancel in this clause shall not apply if the goods have be opened, used, installed, damaged or any packaging material is missing). Return right CANNOT be applied to custom made-to-measure products (e.g. Zooom and Zooom Plus retractable ladders) and/or products made for specific technical requirements.
6.2 Products excluded from the Consumer Protection (Distance Selling) Regulations 2000 include all goods that are made to measure as materials are ordered for such; any deposits are non-refundable in all circumstances.
7 - Liabilities
7.1 The Seller shall not be liable for any loss or expense suffered by the Buyer for late delivery, damaged items, missing parts or unsuitability of the product.
7.2 The Seller shall not be liable for defects that arise from wear and tear.
7.3 The Seller shall not be liable for defects that arise from any alteration to the goods, wilful damage, abnormal working conditions or poor installation.
7.4 The Seller shall not be liable if the design measurement or specification is not in writing.
8 - General
8.1 This contract shall be governed and interpreted according to the Law of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English Courts.
8.2 Any reference in these Terms to any Statute or Statutory Provision includes a reference to that Statute or Statutory Provision as from time to time amended extended or re-enacted.
8.3 The headings in these Terms are for convenience only and shall not affect their interpretation.
8.4 Except as provided otherwise in these Terms We shall not be liable for any delays or failures to perform any of our obligations under this contract due to any cause beyond our reasonable control including industrial action.
8.6The waiver by us of any breach or default of these Terms shall not be construed as a continued waiver of that breach or as a waiver of any subsequent breach of the same or any other provision.
8.7 If any clause or sub-clause of these Terms is held by a competent authority to be invalid or unenforceable the validity of the other clauses and sub-clauses of these Terms shall not be affected and they shall remain in full force and effect.
8.8 This contract is personal to you and may not be assigned.
8.9 Termination of this contract shall not affect rights and obligations which have already accrued at the time of termination.