Elle and James Limited

Terms & Conditions

Terms and Conditions for the Supply of Made to Order Goods

Please read all these terms and conditions.

  1. Application
    1. 1.These terms and conditions will apply to the purchase of the Goods by you (the Customer or you). We are Elle and James Limited (trading as Elle and James Concrete), registered with company number 11543339, the registered office of which is situated at Suite 137, Peel House, 30 The Downs, Altrincham Cheshire WA14 2PX (the Supplier or us or we).
    2. 1.These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions.
  2. Interpretation
    1. 2.Contract means the legally-binding agreement between you and us for the supply of the Goods.
    2. 2.Order Confirmation means the written confirmation of the Supplier in which is set out the Goods to be supplied to the Customer.
    3. 2.Delivery Address means the location where the Goods are to be delivered, as set out in the Order.
    4. 2.Price means the total amount payable for the Goods and any applicable delivery or additional charges as set out in the Order Confirmation.
    5. 2.Goods means the goods advertised on the Website that we supply to you, of the number and custom description as set out in the Order Confirmation.
    6. 2.Force Majeure Event means any event beyond the reasonable control of the Supplier as set out in clause 11.
    7. 2.Website means our website elleandjamesconcrete.com on which the Goods are advertised.
  3. Basis of Sale
    1. 3.The description of the Goods on our website does not constitute a contractural offer to sell the Goods. When an Order has been submitted on the Website we can reject it for any reason
    2. 3.The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting your Order. It is your responsibility to check that you have used the ordering process correctly.
    3. 3.A Contract will be formed for the supply of the Goods ordered only when you receive an email from us confirming the the Order (Order Confirmation). You must ensure the Order Confirmation is complete and accurate and inform us immediately in writing at info@elleandjamesconcrete.com and no later than 48 hours thereafter of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). 
  4. The Goods
    1. 4.The description of the Goods and the customisation options are contained on the Supplier’s website, in the Supplier’s brochures and in other forms of advertisement, which may also include descriptions of bespoke Goods handcrafted to the bespoke design, size and, or colour specifications requested by a customer.
    2. 4.Any samples, drawings, descriptive matter or advertising issued by the Supplier and any descriptions of the Goods (including bespoke Goods), photography or illustrations contained in the Supplier’s website 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 agreement nor have any contractual force.
    3. 4.Whilst the Supplier takes great care with its product photography to make sure that pictures accurately and fairly represent the Goods, the Customer acknowledges that slight variations may occur. The reproduction of colours is as accurate as photographic and publishing processes will allow.  Further variations in colour are also dependant on the calibration and settings of individual computer screens. 
    4. 4.We reserve the right to make any changes to the specification of the Goods which are required to conform to any applicable safety or other statutory or regulatory requirements. We also reserve the right to alter the Goods available for sale and to discontinue any product line at any time.
    5. 4.We take pride in the superior quality and practical versatility of our Goods so all our Goods are handcrafted to order to provide customisation options in external finish and colour within our product lines and to enable rigorous quality assurance throughout production.
    6. 4.An approximate production lead time for the supply of the Goods will be estimated in the Order Confirmation. 
    7. 4. We reserve the right to change approximate production lead times at any time. 
    8. 4. The Customer acknowledges that: 
      1. all the Goods are handcrafted to order so there will be slight, unique differences between each product given the nature of the handcrafted process; 
      2. concrete, like stone, has natural variations meaning each of our handcrafted products will have their own individual characteristics and colour pigmentation which enhances the uniqueness of each product and, as such, is not considered a defect; and
      3. although concrete is a highly resistant and durable material which requires little maintenance, to prevent stains and chipping, it is important that the Goods are properly stored and cared for in-line with our care and maintenance guidance.
    9. 4.The Customer is responsible for carefully checking measurements and product dimensions; we will not be liable for any incorrect sizing of the Goods arising from incorrect measurements. 
    10. 4.All Goods come with a 12-month warranty for structural failings. The circumstances in which your warranty becomes void, and as such, we will be under no liability or further obligation in relation to the Goods, is set out in clause 8. 
  5. The Price and Payment
    1. 5.The Price of the Goods are listed on the Supplier’s website and in the Supplier’s brochures and are correct at the time of publication, however we reserve the right to alter these at any such time in the future.
    2. 5.The Price of the Goods is inclusive of any applicable VAT and other taxes or levies which are imposed or charged by any competent authority and a breakdown of these will be given on the Website at the time of ordering and will be set out in the Order Confirmation. 
    3. 5.The Price of the Goods is exclusive of our charges for packaging and delivery. A breakdown of the delivery charges which will be added to your order will be given on the Website at the time of ordering and will be set out in the Order Confirmation.
    4. 5.The total Price payable, the Price of the Goods and any additional charges, will be as set out on our Website at the date and time of the Order.
    5. 5.As all our Goods are handcrafted to the custom specifications of the Customer, the total Price of the Goods and any additional charges must be paid in full at the time of Order. 
  6. Delivery of the Goods
    1. 6.Upon completed production of the Goods, the Supplier will arrange for the delivery of the Goods to the Delivery Address as set out on the Order Confirmation. 
    2. 6.Delivery can take place at any time of the day and must be accepted at any time between 8am and 8pm.
    3. 6.If you do not take delivery of the Goods we may, at our discretion and without prejudice to any other rights: 
      1. store or arrange for the storage of the Goods and will charge you for all associated costs and expenses including, but not limited to, transportation, storage and insurance; and/or
      2. make arrangements for the redelivery of the Goods and will charge you for the costs of such redelivery.
    4. 6.If redelivery is not possible as set out above, you must collect the Goods from our premises and will be notified of this. We can charge you for all associated costs including, but not limited to, storage and insurance.
    5. 6.Any estimated timeframes for dispatch of the Goods given in the Order Confirmation are approximate only, and the time of dispatch and delivery is not of the essence. We will not be liable for any delay in the delivery of the Goods that is caused by a third party delivery provider, a circumstance beyond our control (Force Majeure Event) or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
    6. 6.The Supplier reserves the right to make delivery by instalments.
    7. 6. When delivery is to be by instalments or the Supplier exercises its right to deliver by instalments under clause 6.6. hereof or if there be a delay in the delivery of any one or more instalments for whatever reason, this will not entitle the Customer to treat the agreement as repudiated and/or to damages. 
  7. Cancellation, alteration and return of the Goods
    1. 7.All our Goods are handcrafted to order to provide customisation options in external finish and colour. Production of the Goods commences at the end of the Supplier’s 48 hour ‘cooling-off period’. The ‘cooling-off period’ commences at the time the Order Confirmation is issued and ends 48 hours later.
    2. 7.A request to cancel or alter the Order must be made in writing by email to info@elleandjamesconcrete.com and be received by the Supplier within the 48 hour cooling-off period. We will acknowledge receipt of a request to cancel or alter an Order in writing by return email. Subject to clause 8, once production has commenced, Orders for Goods under this agreement cannot be cancelled, altered, refunded or returned.
  8. Inspection and acceptance of the Goods
    1. 8.You must inspect the Goods upon delivery.
    2. 8. If you identify any alleged losses, defects or damages, you must inform us in writing within 48 hours of delivery, providing full details and supporting photographic evidence.
    3. 8.As all our Goods are handcrafted to the custom specifications of the Customer we will only accept returned Goods if we are satisfied that those Goods are damaged upon delivery or defective. We reserve the right to require a full inspection of the Goods be undertaken for us to determine this and before taking any further action.
    4. 8.Subject to your compliance with this clause and/or our agreement, you may return the Goods and we will, as appropriate following full inspection, repair, replace, or refund the Goods or part of them.
    5. 8.We will be under no liability or further obligation in relation to the Goods if: 
      1. you fail to provide notice as set out in clause 8.2; and/or
      2. you make further use of such Goods after giving notice under clause 8.2; and/or
      3. the defect arises because you did not follow our oral or written instructions about the storage, installation, use, care and/or maintenance of the Goods; and/or
      4. the defect arises from normal wear and tear of the Goods; and/or
      5. the defect arises from the misuse or alteration of the Goods, negligence, wilful damage or any other act by you or any third parties.
    6. 8.You bear the risk and cost of returning the Goods. 
    7. 8.Acceptance of the Goods will be deemed to be upon inspection of them by you and in any event 48 hours after delivery. 
  9. Risk and title
    1. 9.The Risk in the Goods will pass to you on completion of delivery.
    2. 9. Title to the Goods will pass to you when we have received cleared payment of the total Order Price in full.
  10. Limitation of liability
    1. 10.Our liability under the Contract, and in breach of statutory duty, and in tort, misrepresentation or otherwise will be limited to this section.
    2. 10.Subject to clauses 8 and 9 above on Inspection and acceptance of the Goods and Risk and title, all warranties, conditions or other terms implied by statute or common law (save for those implied by Section 12 of the Sale of Goods Act 1979) are excluded, to the fullest extent permitted by law, from this Agreement.
    3. 10.Subject to clause 8 above, the Supplier may, in its sole discretion, make good any liability under the Contract by replacing or repairing the Goo
    4. 10.Our total liability in respect of losses arising under or in connection with the agreement, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, will not, in any circumstances, exceed the total amount of the Price payable by you.
    5. 10.We will not be liable (whether caused by our employees, agents or otherwise) in connection with the Goods, for: 
      1. any indirect, special or consequential loss, damage, costs, or expenses; and/or
      2. any loss of profits; loss of anticipated profits; loss of business; loss of data; loss of reputation or goodwill; business interruption; or, other third party claims; and/or
      3. any failure to perform any of our obligations if such delay or failure is due to any cause beyond our reasonable control; and/or
      4. any losses caused directly or indirectly by any failure or breach by you in relation to your obligations; and/or
      5. any loss relating to the choice of the Goods, the custom specifications requested for bespoke Goods and how they will meet your purpose or the use by you of the Goods supplied; and/or
      6. any losses relating to installation of the Goods.
    6. 10. The exclusions of liability contained within this clause will not exclude or limit our liability for death or personal injury caused by our negligence; or for any matter for which it would be illegal for us to exclude or limit our liability; and for fraud or fraudulent misrepresentation. 
  11. Circumstances beyond the control of either party
    1. 11. Neither party shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that party. Such causes include, but are not limited to: industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other action beyond the control of the party in question.
  12. Governing Law and Jurisdiction
    1. 12.This Agreement and any dispute or claim arising out of or in connection with it or its 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.
    2. 12.Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).

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