Terms & Conditions

These Terms and Conditions apply to all transactions on this site. Use of this site constitutes your acceptance of these Terms and Conditions. Please read them carefully before placing any orders.

If you do not accept these Terms and Conditions in full, you should not access or use this site. The Buyer should understand that by ordering any of our products the Buyer agrees to be bound by these terms and conditions.

The Company reserves its right to change these Terms and Conditions at any time. Any changes will take effect on the date they are posted on the site.

1. Definitions

   The definitions and rules of interpretation in these Terms and Conditions shall apply;
   Business Day: A day (other than a Saturday, Sunday or public holiday) when banks in London are open for business
   Buyer: The person, firm or company who purchases the Goods from the Company
   Company: Celotex Limited
   Contract: Any contract between the Company and the Buyer for the sale and purchase of the Goods, incorporating these Terms and Conditions
   Goods: Any Goods agreed in the Contract (together with any services) to be supplied to the Buyer by the Company (including any part or parts of them)

2. Information about the Company

   www.celotex-home-insulation.co.uk is a site operated by the Company. The Company is registered in England and Wales under company number 02183896 and with the registered office at Lady Lane Industrial Estate, Hadleigh, Suffolk, IP7 6BA. The Company's main trading address is the same as the registered office. The Company's VAT number is 2183896.

3. Application of Terms

   1. These Terms and Conditions apply to the Contract to the exclusion of any other terms and conditions that the Buyer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
   2. This site is only intended for use by people requiring delivery to the UK mainland. Deliveries to other addresses will be considered by the Company subject to agreeing the delivery charge with the Buyer.
   3. By placing an order through our site, you warrant that:
      1. you are legally capable of entering into binding contracts; and
      2. you are at least 18 years old.
   4. After placing an order, the Buyer will receive an e-mail from the Company acknowledging that it has received your order. This does not mean that the Buyer's order has been accepted. The Buyer's order constitutes an offer to the Company to buy the Goods. All orders are subject to acceptance by the Company and the Company will confirm such acceptance to the Buyer by sending the Buyer an e-mail containing a value added tax invoice for the Goods. The delivery provider responsible for delivery of the Goods will confirm to the Buyer arrangements for the despatch of the Goods to the Buyer.
   5. The Contract constitutes the entire agreement between the parties. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Company and any descriptions or illustrations contained in the Company's catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods described in them. They shall not form part of the Contract or any other contract between the Company and the Buyer for the sale of the Goods.
   6. The Buyer shall ensure that the terms of its order and any applicable specification is complete and accurate.

4. Price and Payment

   1. The price of Goods is inclusive of value added tax and shall be the price stated on the Company's website. That price excludes the costs and charges of packaging, insurance and transport of the Goods which will be added to the amount due as set out in our delivery guide. The price is payable on submission of the Buyer's order.
   2. If the price of the Goods is not as stated on the Company's website, the Company will contact you for instructions before arrangements are made for despatching the Goods or reject your order and notify you of such rejection.
   3. The Company may by giving notice to the Buyer at any time before delivery, increase the price of the Goods to reflect any reasonable increase in the cost of the Goods that is due to:
      1. any request by the Buyer to change the delivery date(s), quantities of types of Goods ordered, or the specification; or
      2. any delay caused by any instructions of the Buyer or failure of the Buyer to give the Company adequate or accurate information or instructions.
   4. No payment shall be deemed to have been received until the Company has received cleared funds. Payment for all Goods must be by credit or debit card.
   5. The Company will not arrange for delivery of the Goods to the Buyer until the Company has received payment in full for the Goods unless expressly agreed otherwise.

5. Delivery

   1. Delivery of the Goods shall be made to the location set out in the Contract or such other location as the Buyer and the delivery provider shall agree at any time after the delivery provider notifies the Buyer that the Goods are ready and delivery shall occur when the Goods are ready for unloading.
   2. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. If no dates are specified delivery shall be within a reasonable time.
   3. If the delivery provider fails to deliver the Goods the Company's liability shall be limited to refunding the price paid to the Company by the Buyer for the Goods.
   4. The Company shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event (see clause 11) or the Buyer's failure to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
   5. The delivery provider shall arrange for delivery to site on the understanding that there is a suitable road to the point where delivery is requested. If no such road exists delivery will be made to the nearest point to which, in the opinion of the driver, the vehicle may safely proceed and unload. The delivery provider will provide all necessary labour and equipment required to unload the Goods promptly unless it directs the Buyer to do so in which case the Buyer will indemnify the Company from and against any claim, costs, damage or other liability arising from the unloading.
   6. The Buyer's signature on the delivery note constitutes that the Goods have been received. It is the responsibility of the Buyer to ensure that all Goods have been checked and any damages notified to the Company at the time of signing the delivery note.
   7. If the Buyer fails to take delivery of the Goods within three Business Days of the Company notifying the Buyer that the Goods are ready, then, except where such failure or delays are caused by a Force Majeure Event or the Company's failure to comply with its obligations under the Contract:
      1. delivery of the Goods shall be deemed to have been completed at 9am on the third Business Day following the day on which the delivery provider notified the Buyer that the Goods were ready; and
      2. the Company shall store the Goods until delivery takes place, and charge the Buyer for all related costs and expenses (including insurance).
   8. The Company shall refund any money paid by the Buyer to the Company for the Goods subject to a deduction for any possible costs incurred by the Company for failure of the Buyer to accept delivery.

6. Title and Risk

   1. The risk in the Goods shall pass to the Buyer on completion of delivery.
   2. Title to the Goods shall pass to the Buyer when the Company receives payment in full for the Goods and the Buyer shall not be entitled to enter into any contract for the resale of the Goods.

7. Quality

   1. When dealing with a "consumer" as defined in clause 8.2 the Company warrants that on delivery the Goods shall:
      1. conform in all material respects with their description and applicable specification
      2. be free from material defects in design, material and workmanship;
      3. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
      4. be fit for any purpose held out by the Company.
   2. The Buyer must give immediate notice in writing to the Company on discovery of any defect in some or all of the Goods.
   3. The Company shall, at its option, repair or replace the defective Goods or refund the price of the defective Goods.
   4. The Company shall not be liable for Goods' failure if:
      1. the defect arises because the Buyer failed to follow the Company's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods; or
      2. the Buyer alters or repairs such Goods; or
      3. the defect arises as a result of fair wear and tear or through the wilful damage, negligence or abnormal storage or working conditions of the Buyer.
   5. Except as set out in these Terms and Conditions, all warranties and conditions and other terms implied by statute or common law are to the fullest extent permitted by law, excluded from the Contract.
   6. These Terms and Conditions shall apply to any repaired or replacement Goods supplied by the Company.

8. Cancellation of Orders

   1. Subject to clause 8.2 the Company may at its discretion accept or reject the cancellation of any order after it has been accepted. If the Company decides to accept the cancellation of an order it shall be without prejudice to any right or remedy of the Company at law.
   2. Where the Buyer is a "consumer" under a "business contract" both as defined in the Consumer Protection (Distance Selling) Regulations 2000 (the Regulations) then for the purposes of those Regulations, the Buyer may cancel the order within 7 working days after the day after the Goods are delivered. In this case you will receive a full refund of the price paid for the Goods in accordance with the Company's refunds policy, subject to deducting the cost of returning the Goods.
   3. For the purposes of clause 8.1 and 8.2 the Buyer shall arrange to return the Goods and the Buyer shall pay the cost of returning the Goods unopened and in its original packaging to the delivery provider's address from which they came within 14 days of the day the Buyer has given notice of its cancellation. The Buyer has a legal obligation to take reasonable care of the Goods whilst they are in the Buyer's possession, failing which the Company may have a right of action against the Buyer for compensation.

9. Refunds Policy

   1. If the Buyer cancels the Contract within the 7 day cooling off period (see clause 8.2 above), the Company will process the refund due to the Buyer as soon as possible and in any case within 30 days of the day the Buyer has given notice of its cancellation subject to clause 8.3. In this case, the Company will refund the price of the Goods in full, including the cost of sending the item to the Buyer. However, the Buyer will be responsible for the cost of returning the Goods.
   2. If for any other reason (for instance because the Buyer has notified the Company that it does not agree to any change in these terms and conditions or because the Buyer claims that the Goods are defective), the Company will examine the Goods at the Buyer's premises and then notify the Buyer of its refund via e-mail within a reasonable period of time. The Company will usually process the refund due to the Buyer as soon as possible and in any case within 30 days of the day the Company confirms to the Buyer via e-mail that the Buyer was entitled to a refund for the defective Goods. Goods returned by the Buyer because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to the Company and the cost incurred by the Buyer in returning the item to the Company.

10. Limitation of Liability

    1. Nothing in these Terms and Conditions shall limit or exclude the Company's liability for:
       1. death or personal injury caused by its negligence or the negligence of its employees agents or sub-contractors (as applicable); or
       2. fraud or fraudulent misrepresentation; or
       3. breach of the terms implied by Section 12 of the Sale of Goods Act 1979; or
       4. defective products under the Consumer Protection Act 1987; or
       5. any matter in respect of which it would be unlawful for the Company to exclude or restrict liability.
    2. The Company shall not be liable to the Buyer whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or indirect or consequential loss arising under or in connection with the Contract.
    3. The Company's total liability to the Buyer in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty or otherwise shall be limited to the Contract price.

11. 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 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 or default of suppliers or sub-contractors.

12. General

    1. Assignment and Sub-contracting
       1. the Company may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract
       2. the Buyer may not assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract without the prior written consent of the Company
    2. Notices
       Any notice or other communication given to a party pursuant to the Contract shall be in writing addressed to that party as that party may have specified to the other party in writing and shall be delivered personally, sent by pre-paid first class post, recorded delivery, commercial courier, or fax.
    3. Severance
       1. if any court or competent authority finds that any provision of the Contract (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 the Contract shall not be affected
       2. if any invalid unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provisions shall apply with the minimum modification necessary to make it legal, valid and enforceable.
    4. Waiver
       A waiver of any right or remedy under the Contract 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 the Company to exercise any right or remedy provided under the Contract 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.
    5. Third Party Rights
       A person who is not a party to the Contract shall not have any rights under or in connection with it.
    6. Variation
       Any variation to the Contract including the introduction of any additional terms and conditions shall only be binding when agreed in writing and signed by the parties.
    7. Governing Law
       The formation, existence, construction, performance, validity and all aspects of the Contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English Courts.