These terms and conditions form the basis on which you can visit us and our website. Please read them carefully as they contain important information.
General terms and conditions
This site is owned and operated by Xerital Limited trading as FotoCeramic at Craftsman Works, Sneyd Street, Stoke on Trent ST6 2NZ. If you have any queries about these terms and conditions or if you have any comments or complaints on or about our website, you can contact us by email: sales@fotoceramic.com or by telephone: 01782 210652.
1. The contract between us
We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Payment of the price for the goods represents an offer on your part to purchase the goods, which will be accepted by us only when the goods are dispatched. Only at this point is a legally binding contract created between us.
2. Acknowledgement of your order
To enable us to process your order, you will need to provide us with your e-mail address. We will notify you by e-mail as soon as possible to confirm receipt of your order and to confirm details. For the avoidance of doubt, this correspondence does not constitute a contract between us.
3. Ownership of rights
All rights, including copyright, in this website are owned by Xerital Limited. Any use of this website or its contents, including copying or storing it, in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on this website for any purpose.
4. Accuracy of content
We have taken care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at the time of publishing and that all goods have been described accurately. However, orders will only be processed if there are no material errors in the description of the goods or their prices as advertised on this website.
5. Damage to your computer
We try to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website. Except in the case of negligence on our part, we will not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
6. Availability
All orders are subject to acceptance and availability. If the goods you have ordered are not available, we will contact you by e-mail or phone (if you have given us details). You will have the option either to wait until the item is available or to cancel your order.
7. Ordering errors
You are able to correct errors on your order up to the point on which you click on ‘submit’ during the ordering process. If you are aware of any ordering errors after submitting your order then you will need to contact us by email to correct these. You may be charged extra if you order has already been processed.
8. Price
The prices payable for goods that you order are as set out on our website.
Where it is not possible to accept your order to buy goods of the specification and description at the price indicated, we will advise you by e-mail.
9. Payment terms
You can complete payment of your order online by debit or credit card. Alternatively, you can make payments by bank transfer or call us to make a card payment over the phone. We accept no liability if a delivery is delayed because of a failure to complete the payment. If it is not possible to obtain full payment for the goods from you, then we can refuse to process your order and/or suspend any further deliveries to you. This does not affect any other rights we may have.
10. Delivery charges
Delivery charges will vary according to the type of goods ordered.
11. Delivery
11.1 You will be required to pay extra for delivery and it might not be possible for us to deliver to some locations. Our delivery charges are set out in our website.
11.2 We will deliver the goods to the address you specify for delivery in your order. It is important that this address is accurate. Please be precise about where you would like the goods left if you are out when we deliver. We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence). We will aim to deliver the goods as per your requirements but delivery times are not guaranteed.
11.3 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.
12. Risk and ownership
Risk of damage to or loss of the goods passes to you at the time of delivery to you. If you choose to collect the goods or use your own courier then the risk passes to you as soon as the goods are handed to you or your courier. You will only own the goods once they have been successfully delivered.
13. Cancellation rights and returns
13.1 Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 SI 2013/3134 you have the legal right to cancel your order up to 14 calendar days after the day on which you receive your goods (with the exception of any made to order, bespoke or personalised items). In the case of bespoke goods, cancellation rights do not apply.
13.2 Should you wish to cancel your order, you can notify us in writing by e-mail. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
13.3 If you have received the goods before you cancel your contract then you must send the goods back to our contact address at your own cost and risk.
13.4 Once you have notified us that you are cancelling your contract, and we have received the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.
13.5 We may make a deduction from your refund for any loss in the value of the goods supplied if the loss is the result of unnecessary handling by you.
14. Cancellation by us
14.1 We reserve the right not to process your order if:
14.1.1 we have insufficient stock to deliver the goods you have ordered;
14.1.2 we do not deliver to your area; or
14.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
14.2 If we do not process your order for the above reasons, we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit/debit card as soon as possible, but in any event within 14 days.
15. Liability
15.1 Unless agreed otherwise, if you do not receive goods ordered by you within 30 days of the date on which you ordered them and decide to cancel the order rather than re-arrange delivery (in accordance with clause 11), we will provide you with a full refund.
15.2 For our bespoke service we only offer a refund if the goods are faulty, in the event of the goods supplied proving defective and you notifying us to this effect within 14 days of delivery or collection. We will replace such goods free of charge to you, or refund the full purchase price thereof but this shall be the limit of our liability. In particular, we will not be responsible for any personal injuries, third party claims, loss of profit or other financial loss, expenditure incurred on the goods supplied or any consequential loss or damage, direct or indirect, of whatsoever nature arising from any defective goods.
15.3 We do not accept liability if we are prevented or delayed from complying with our obligations set out in these terms and conditions by anything you (or anyone acting with your express or implied authority) does or fails to do, or is due to events which are beyond our reasonable control.
15.4 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
15.5 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence. You have certain rights as a consumer including legal rights (e.g. under the Consumer Rights Act 2015) relating to faulty and/or misdescribed goods.
16. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at Craftsman Works, Sneyd Street, Stoke on Trent ST6 2NZ and all notices from us to you will be displayed on our website from time to time.
17. Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.
18. Law, jurisdiction and language
This website, any content contained therein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English law. Parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England and Wales. All contracts are concluded in English.
19. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
20. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
21. Third party rights
Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.