Terms and Conditions: For Supply of Goods/Online Sales

The terms and conditions of sale as set out in this document and any special terms and conditions agreed in writing by Monarch Resin Floors Ltd. By continuing with a purchase, it is deemed that you have read, understood and agree to these terms and conditions. The interpretation and performance of these conditions will be governed by the law of England and Wales.

Company Details

Monarch Resin Floors Ltd

Unit 7 Callywhite Lane

Dronfield, Derbyshire

S18 2XP

Telephone: +441246412222

Email: sales@monarchresinfloors.co.uk

Company Registration No. 06875163

VAT No. 196 2304 02

Conditions

These Conditions shall form the basis of the contract between Monarch Resin floors Ltd and the Buyer in relation to the sale of Goods and/or Services, to the exclusion of all other terms and conditions including the Buyer’s standard conditions of purchase or any other conditions which the Buyer may purport to apply under any purchase order or confirmation of order or any other document.

• All orders for Goods and/or Services shall be deemed to be an offer by the Buyer to purchase Goods and/or Services from Monarch Resin Floors Ltd pursuant to these Conditions.
• Acceptance of delivery of the Goods or commencement of the Services shall be deemed to be conclusive evidence of the Buyer’s acceptance of these Conditions.
• These Conditions may not be varied except by the written agreement of a director of Monarch Resin Floors Ltd.
• To purchase from Monarch Resin Floors Ltd you must be 18 years of age.
• These Conditions represent the whole of the agreement between Monarch Resin Floors Ltd and the Buyer.  They supersede any other conditions previously issued.

Price

• The Price shall be the price quoted on the confirmation of order supplied by Monarch Resin Floors Ltd.
• All goods are prices exclusive of VAT, unless otherwise stated.
• Prices are supplied in GBP (£) and will be charged in GBP (£)
• Monarch Resin Floors cannot be held responsible for additional charges applied by any bank/credit card company, including exchange rate gain/loss.

Payment and Interest

• Payment of the Price and VAT is due immediately on the date of purchase via the website. Or via Monarch Resin Floors Ltd’s invoice.   
• Interest on overdue invoices shall accrue from the date when payment becomes due calculated daily until the date of payment at the rate of 8% per annum above the Bank of England base rate from time to time in force.  Such interest shall accrue after as well as before any judgment.
• Buyer shall pay all accounts in full and not exercise any rights of set-off or counter claim against invoices submitted by Monarch Resin Floors Ltd.

Product Description

The Goods are described in the confirmation of order.

Monarch Resin Floors Ltd reserves the right to amend or change the specification of the Goods if required by any applicable statutory or regulatory requirements (product images displayed are for illustration purposes only and may differ slightly from actual products received) design and packaging may change without prior notice, Monarch Resin Floors Ltd however make every effort to supply correct information for all its products, without guaranteeing complete accuracy.

Warranties

Monarch Resin Floors Ltd warrants that for a period of 3 months commencing on the earlier of either the date of delivery of the Goods, or the commencement of the Services (Warranty Period), the Goods and/or Services shall:

• Conform with their description.
• Be of satisfactory quality with the meaning of the Sale of Goods Act 1979.
• Be fit for any purpose held out by Monarch Resin Floors Ltd.

Coverage

Our estimated coverage rates are given on the understanding that we do not know the following facts.

1. The exact condition of the surface to be painted.
2. The ambient temperature of the surface and air in the work area.
3. The Equipment used.
4. The expertise of the person applying the Product.
5. The exact coverage rate of the products bought, given the above (items 1-4)

Notwithstanding the above, we will do our best to help you achieve the best result.

Defective Goods

Goods represented by the customer to be defective shall not form the subject of any claim for work done by the customer or for any loss, damage or expense whatsoever arising directly or indirectly from such defects, but such goods, if returned to Monarch Resin Floors Ltd and accepted by them as defective, will at the request of the customer and if practicable be replaced as originally ordered. Defects in quality or dimensions in any delivery shall not be a ground for cancellation of the remainder of the order or contract.

• Monarch Resin Floors Ltd will not be held responsible for coating failure due to poor/contaminated substrate. Reticulation of coating (orange peel effect) can occur if chemicals/latents remain in the substrate after preparation.
• If coatings are applied to tolerances outside of the recommended Technical data sheet levels, Monarch Resin Floors Ltd will not be held responsible for coating failure.
• Monarch Resin Floors Ltd’s coating systems are rigorously tested before despatch and will not be released unless they meet our stringent quality parameters.

Delivery

Delivery charges vary according to the type of goods ordered.

Monarch Resin Floors aims to despatch all orders made before 12pm the same day and delivered within 5 working days usually between 9am-5pm, however we cannot guarantee that your order can be dispatch on the same day due to the availability of the products.

Delivery of the Goods shall be made to the Buyer’s address.

• The Buyer shall make all arrangements necessary to take delivery of the Goods on the day notified by Monarch Resin Floors Ltd for delivery. 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).

Monarch Resin Floors Ltd undertakes to use its reasonable endeavours to despatch the Goods on an agreed delivery date but does not guarantee to do so. Time of delivery shall not be of the essence of the contract.

Monarch Resin Floors Ltd shall not be liable to the Buyer for any loss or damage whether arising directly or indirectly from the late delivery or short delivery of the Goods. If short delivery does take place, the Buyer may not reject the Goods but shall accept the Goods delivered as part performance of the contract.

If the Buyer fails to take delivery of the Goods on the agreed delivery date or, if no specific delivery date has been agreed, when the Goods are ready for despatch, Monarch Resin Floors Ltd shall be entitled to store and insure the Goods and to charge the Buyer the reasonable costs of so doing.

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 use your own courier, then the risk passes to you as soon as the goods are handed to your courier.

You will only own the goods once they have been successfully delivered.

Acceptance of the Goods

The Buyer shall be deemed to have accepted the Goods 1 day after delivery to the Buyer.

The Buyer shall carry out a thorough inspection of the Goods within 3 days and give notice in writing to Monarch Resin Floors Ltd after discovering that some or all of the goods do not comply with the Warranty above, the Buyer must return the Goods to Monarch Resin Floors Ltd at the Buyer’s cost and Monarch Resin Floors Ltd shall, at its option, repair or replace any Goods that are defective, or refund the price of such defective Goods.

Where the Buyer has accepted, or has been deemed to have accepted, the Goods the Buyer shall not be entitled to reject Goods which are not in accordance with the contract. 

Returns

Please see our Returns and Refund Policy www.monarchresinfloors.co.uk/refund-policy

Title and risk

Risk shall pass on delivery of the Goods to the Buyer’s address.

Notwithstanding the earlier passing of risk, title in the Goods shall remain with Monarch Resin Floors Ltd and shall not pass to the Buyer until the amount due under the invoice for them (including interest and costs) has been paid in full.

Until title passes the Buyer shall hold the Goods as bailee for Monarch Resin Floors Ltd and shall store or mark them so that they can at all times be identified as the property of Monarch Resin Floors Ltd.

Monarch Resin Floors Ltd may at any time before title passes and without any liability to the Buyer:

• Repossess and dismantle and use or sell all or any of the Goods and by doing so terminate the Buyer’s right to use, sell or otherwise deal in them; and
• For that purpose (or determining what if any Goods are held by the Buyer and inspecting them) enter any premises of or occupied by the Buyer.
• Monarch Resin Floors Ltd may maintain an action for the price of any Goods notwithstanding that title in them has not passed to the Buyer.

Carriage

Carriage will be chargeable on all sales, otherwise stated.

Force Majeure

For the purposes of this Contract, Force Majeure Event means an event beyond the reasonable control of the Monarch Resin Floors Ltd including but not limited to strikes, lock-outs or other industrial disputes (whether involving the workforce of the Monarch Resin Floors Ltd or any other party), failure of a utility service or transport network, act of God, war, terrorism, riot, civil commotion, interference by civil of military authorities, national or international calamity, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, earthquake, epidemic or similar events, or default of suppliers or subcontractors.

Monarch Resin Floors Ltd shall not be liable to the Buyer as a result of any delay or failure to perform its obligations under this Contract as a result of a Force Majeure Event.

If the Force Majeure Event prevents Monarch Resin Floors Ltd from providing any of the Goods for more than 2 weeks, Monarch Resin Floors Ltd shall, without limiting its other rights or remedies, have the right to terminate this Contract immediately by giving written notice to the Buyer.

Limitation of Liability

Nothing in these Conditions shall limit or exclude Monarch Resin Floors Ltd.’s liability for:

• Death or personal injury caused by its negligence, or the negligence of its employees, agents, or subcontractors.
• Fraud or fraudulent misrepresentation.
• Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
• Defective products under the Consumer Protection Act 1987.

Subject to the clause above:

• Monarch Resin Floors Ltd shall under no circumstances whatever be liable to the Buyer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract; and
• Monarch Resin Floors Ltd.’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 in no circumstances exceed the price paid for the goods.

After the Warranty Period, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

This clause (Limitation of Liability) shall survive termination of the Contract.

Cancellation rights

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 items). You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.

Should you wish to cancel your order, you can notify us by email to: sales@monarchresinfloors.co.uk

• You cannot cancel your contract if the goods you have ordered are bespoke (i.e. made to order), or if you have taken any audio or video recording or if you have taken the product out of the sealed package in which it was delivered to you.
• 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. If you cancel your contract but we have already processed the goods for delivery, you should not unpack the goods when they are received by you, and you must send the goods back to us at our contact address at your own cost and risk as soon as possible.
• Once you have notified us that you are cancelling your contract, and we have either received the goods back or, if earlier, received evidence that you have sent the goods back, we will refund any sum debited by us from your credit or debit card within 14 calendar days.

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 (for example using the goods prior to cancellation)

General
Notices – Any notice or other communication given to a party under or in connection with this Contract shall be in writing, addressed to that party at its registered Unit 7 Callywhite Business Park, Callywhite Lane, Dronfield, Derbyshire S18 1XP or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally or sent by prepaid first-class post or other next working day delivery service, or by commercial courier, fax or email at sales@monarchresinfloors.co.uk

• The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Waiver – A waiver of any right under the Contract or law is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor prevent or restrict its further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

No partnership or agency – Nothing in the Contract is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, nor constitute either party the agent of another party for any purpose. Neither party shall have authority to act as agent for, or to bind, the other party in any way.

Third parties – A person who is not a party to the Contract shall not have any rights to enforce its terms.

This Contract contains the entire agreement and understanding of the parties relating to the subject matter of this Contract and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between the parties, whether written or oral.

Variation – Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions shall be effective unless it is agreed in writing and signed by Monarch Resin Floors Ltd.

Governing law – 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.

Jurisdiction – 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 Contract or its subject matter or formation (including non-contractual disputes or claims).

Third party rights

Nothing in this Agreement is intended to, nor shall it confer any rights on a third party.

Warranty on Floors Installed by Third Party

Monarch Resin Floors Ltd offers no warranty and is in no way liable for any damage, or any defect or accidental damage, or faulty application of any kind on any floor or surface carried out by anyone or any company that is not Monarch Resin Floors Ltd or Monarch Flooring Services Ltd directly. 

Damages such as scratch, dent, break, discolouration, surface dulling, wear and tear, chemical damage, delamination, or anything other cause both natural or/and manual or generated by other third-party company in any layer of the System installed is not covered under any warranty and have no liability for these occurrences.

Other important terms

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may submit the dispute for online resolution to the European Commission Online Dispute Resolution platform.