Terms & Conditions

Website Terms and Conditions of Supply

The Website is operated by GCS GENESIS COMMERCIAL SOLUTIONS LTD (“the Company” or “We”). The terms and conditions on which the Company supplies any of the goods (“Goods”) listed on the Website to you (“the Customer” or “you”), are outlined below (“the Terms”).

Please read the Terms carefully and make sure you understand them before ordering any Goods from the Website. You should print a copy of these Terms for future reference.

How the Company uses your data is governed by the Privacy Policy.

If you are placing an order in the course of a business, the terms which are stated to apply to consumers will not apply.

Whilst every care is taken to ensure that the images of the Goods shown on the Website are representative, the Company cannot guarantee that the appearance and/or colours of the Goods shown on the Website will exactly replicate the physical Goods received. Any description of the Goods on the Website is intended merely to present a general picture of the Goods supplied by the Company and shall not be construed as a representation or form part of the contract between the parties.

Due to the nature of the Goods, and as with any natural material, variations in colour and form can occur. The consistency of the Goods can be best assured by careful estimation of quantities required and ordering sufficient Goods to complete your entire project.

Due to the nature of the Goods all sizes and measurements are approximate but the Company will try to make sure that they are as accurate as possible. With regard to all weights, actual delivered weights may vary by plus or minus 3%.

1. The Company

1.1. The Company is a company registered in England and Wales with company number 14749066 and its registered office is Unit 10 Goldsmith Way, Eliot Business Park, Nuneaton, England, CV10 7RJ.

2. Access and your status

2.1. The Website is only intended for use by people resident in mainland Great Britain, i.e. England, Scotland, and Wales. The Company does not accept orders from individuals outside Great Britain.

2.2. By placing an order through the Website, you warrant that:

(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
(c) You are resident in Great Britain; and
(d) You are accessing the Website from Great Britain.

3. How a contract is formed between you and the Company

3.1. After placing an order on the Website, you will receive an e-mail from the Company acknowledging that it has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to the Company to buy the Goods subject to these Terms. The Company will confirm acceptance of your order by sending you an e-mail that confirms the order has been placed (the “Order Confirmation”). A contract between the Company and you (“Contract”) will be formed when the Company sends you the Order Confirmation. The Company will send you an email confirming that the Goods have been dispatched (“the Dispatch Confirmation”). All orders are subject to the Company sending you the Dispatch Confirmation.

3.2. In accordance with paragraph 5.2(b), when placing your order you will be requested to provide details of any restrictions of access that may affect delivery such as weight, width, height or unloading hours restrictions. Please refer to the details and dimensions given in the Delivery Guide when giving delivery instructions. The Company will assess these restrictions and if they are going to be unable to deliver the Goods they will notify you of this instead of sending a Dispatch Confirmation.

3.3. The Contract will relate only to those Goods whose dispatch the Company has confirmed in the Dispatch Confirmation. The Company will not be obliged to supply any other Goods which may have been part of your order until the dispatch of such Goods has been confirmed in a separate Dispatch Confirmation.

4. Your Right to Cancel (Consumers only)

4.1. If you are contracting as a consumer, you may cancel a Contract at any time up to fourteen days from the day after you received the Goods. In this case, you will receive a full refund of the price paid for the Goods. Delivery costs are non-refundable.

4.2. To cancel a Contract, you must inform the Company in writing. You must also return the Goods to the Company as soon as reasonably practicable, in the same condition in which you received them, and at your own cost and risk. We can arrange for collection and you will be advised of the costs in advance. You will not be able to return Goods if you have started to use them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, the Company may have a right of action against you for compensation.

4.3. This provision does not affect your statutory rights as a consumer.

5. Availability and delivery

5.1. The Company will endeavour to fulfil your order by the delivery date set out in the Dispatch Confirmation, or if no delivery date is specified, then delivery for products is 48 hours from the time of the Dispatch Confirmation. Delivery dates are not guaranteed due to road haulage distances and demand on some of the materials, and the time of delivery is not of the essence.

5.2.

(a) Unless otherwise agreed in writing by the Company you will take delivery of the Goods at the nearest convenient unloading point to your premises or appropriate site.
(b) You will be responsible for notifying the Company of any restriction of access such as weight, width, height or unloading hours when ordering the Goods.

The Company will not be responsible for any delay in delivery due to your failure to supply adequate delivery instructions. Please refer to the details and dimensions given on the Delivery Guide when providing delivery instructions. Please note, if you fail to provide accurate delivery instructions and a delivery attempt fails due to lack of access, you will be responsible for the cost of transport including delivery and return charges.

(c) Unloading will be at your own risk and you will give proper assistance to the driver of the delivery lorry in unloading the Goods.

5.3. If you fail to take delivery of the Goods on the date of delivery:

(a) For palletised products, the carrier will charge for returning the Goods which you are responsible for paying. Returns are charged at £50.00 per pallet. The Company reserves the right to charge additional zonal charges depending on your location, which will be confirmed by a member of the Company’s sales team. Arrangements for re-delivery can be made at a further charge from the carrier as advised by a member of our sales team.

5.4. If you fail to take delivery of the Goods on the date of delivery, the Company shall not be liable for any loss or damage sustained by any Goods left with the Company howsoever caused and whether or not attributable to negligence on the part of the Company or negligence or wilful default on the part of any servant or agent of the Company.

5.5. The delivery of the Goods is carried out by a third party delivery company. The Company accepts no responsibility or liability for damage to property caused during delivery. Should damage occur, all claims should be addressed to the delivering company.

5.6. If you request that the delivery vehicle leaves the public road to make the delivery, it is your responsibility to ensure that the access is suitable for a heavy vehicle (see Delivery Guide). Neither the Company nor the carrier can be held responsible or liable, to the extent permitted by law, for any damages to property during delivery arising because of unsuitable access.

5.7. If, at the Customer’s request, the Company agrees to deliver the goods to a point off the public road, the Customer will indemnify the Company against all losses, costs, expenses, actions and claims incurred by the Company arising from delivery at that point or as a result thereof including, but not limited to, damage to vehicles, kerbs, pipes, manholes or any other property.

6. Risk and title

6.1. Risk in relation to the Goods will pass to the Customer from the time of delivery.

6.2. Ownership of the Goods will only pass to the Customer when the Company receives full payment of all sums due in respect of the Goods, including delivery charges.

7. Price and payment

7.1. The price of any Goods will be as quoted on the Website, except in cases of obvious error.

7.2. All prices quoted on the Website are exclusive of taxes and delivery charges; the Customer shall pay any and all delivery charges, taxes, duties and other government charges payable in respect of the Goods and services. The Company endeavours to include all of these costs during the checkout stage of your order being processed, however reserves the right to recover these costs from the Customer at a later date.

7.3. The Company is entitled to change its prices at any time, but changes will not affect orders in respect of which the Company has already sent you a Dispatch Confirmation.

7.4. The Website contains a large number of Goods and it is always possible that, despite the Company’s best efforts, some of the Goods listed on the Website may be incorrectly priced. The Company reserves the right to correct any clerical or typographical errors made by its employees at any time. Where there has been a pricing error, the Company will normally, at its discretion, either contact you for instructions before dispatching the Goods, or reject your order and notify you of such rejection. If you are contracting as a consumer, this clause 7.4 shall in no way affect your statutory rights as a consumer.

7.5. The Company is under no obligation to provide the Goods to you at the incorrect (lower) price, even after it has sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a mis-pricing.

7.6. Payment for all Goods must be by credit or debit card. The Company will take payment from you at the time we issue the Dispatch Confirmation.

8. Cancellation and Returns

8.1 Consumers only: If you are contracting as a consumer and decide you wish to cancel your order, please use the contact information on the Contact Us page. If you cancel the order:

(a) after 1pm on the day you have placed the order; or
(b) if you placed the order after 1pm, after 1pm on the following day,

then the Company reserves the right to charge you for the cost of the initial delivery, a £50.00 per pallet charge to return the goods to us and (if necessary) additional zonal charges depending on your location. The Company may charge you for these costs even if you have not received the Dispatch Confirmation.

8.2. Consumers only: If you return Goods to the Company:

(a) Because you are acting as a consumer and have cancelled the Contract with the Company within the fourteen-day cooling-off period as set out in paragraph 4.1 above, the Company will process the refund due to you as soon as possible and, in any case, within 14 days of the Goods having been received by the Company. In this case, the Company will refund the price of the Goods in full subject to the following:
- (i) You will be responsible for the haulage costs for delivering the product to you; and
- (ii) You will be responsible for the cost of returning the Goods to the Company.
(b) Consumers and businesses: If you are contracting as a consumer or business, Goods returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and any reasonable costs incurred by you in returning the item to the Company.

9. Warranty (Consumers only)

9.1. If you are acting as a consumer, in addition to your right to cancel, the Company warrants to you that any Goods purchased from the Company through the Website will, on delivery generally conform with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.

10. Company’s Liability

10.1. The Company shall have no liability in respect of damage, shortage or loss occurring while the Goods are in the custody of an independent carrier.

10.2. As set out in paragraph 11.1, the Company’s liability, if any, shall be limited to replacing such Goods or (in its discretion) crediting you with the Contract price thereof and it shall be a condition precedent to any such liability that you shall, if so requested, have provided authority for the Company to inspect damaged Goods within 14 days of such request. The Company shall have no liability for consequential loss arising out of such damage, shortage or loss as aforesaid.

Where the Company agrees to replace Goods in accordance with the foregoing provisions of this paragraph, any time specified for delivery under the Contract shall be extended for such period as the Company may reasonably require.

10.3. As otherwise provided in these conditions and in particular paragraph 9.1 the Company will have no liability in respect of the state, condition or composition of the Goods.

10.4. As otherwise provided and subject to the provisions of section 2(I) of the Unfair Contract Terms Act 1977, the Company shall not be liable to the Customer for any damage or for any direct or consequential loss incurred by the Customer in consequence of any negligence on the part of the Company or negligence or willful default on the part of its servants or agents in or in connection with the supply of any goods or the design or manufacture thereof or in the carrying out of any work or the provision of any information.

10.5. Nothing in these Terms excludes or limits the Company’s liability for:

(a) death or personal injury caused by its negligence;
(b) fraud or fraudulent misrepresentation on the part of the Company;
(c) any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
(d) defective products under the Consumer Protection Act 1987; or
(e) any matter for which it would be illegal for the Company to exclude, or attempt to exclude, its liability.

10.6. Subject to paragraph 11.5, the Company will not be liable for losses that fall into the following categories however arising:

(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits;
(d) loss of contracts;
(e) loss of goodwill;
(f) loss of anticipated savings;
(g) loss of data;
(h) waste of management or office time; or
(i) any other indirect losses.

10.7. This provision does not affect any statutory rights.

11. Written communications

11.1. Applicable laws require that some of the information or communications the Company sends to you should be in writing. When using the Website, you accept that communication with the Company will be mainly electronic. The Company will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that the Company provides to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

12. Notices

12.1. All notices given by you to the Company must be given to GCS GENESIS COMMERCIAL SOLUTIONS LTD by way of email or written communication. The Company may give notice to you at either the e-mail or postal address you provide to the Company when placing an order, or in any of the ways specified in paragraph 12.1 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

13. Transfer of rights and obligations

13.1. The Contract between you and the Company is binding on you and the Company and on the Company’s respective successors and assignees.

13.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without the Company’s prior written consent.

13.3. The Company may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of its rights or obligations arising under it, at any time during the term of the Contract.

14. Events outside the Company’s control

14.1. The Company will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under a Contract that is caused by events outside its reasonable control (“Force Majeure Event”).

14.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond the Company’s reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; and
(f) The acts, decrees, legislation, regulations or restrictions of any government.

14.3. The Company’s performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and the Company will have a corresponding extension of time under which to fulfil the Contract. The Company will use its reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which it can fulfil the Contract despite the Force Majeure Event.

15. Set-off

No right of set-off shall exist in respect of any claims by the Customer against the Company unless such claims are agreed by the Company in writing and the Customer shall not withhold any part of any payment which has become due to the Company for Goods or services.

16. Waiver

16.1. If the Company fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if the Company fails to exercise any of the rights or remedies to which it is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

16.2. A waiver by the Company of any default shall not constitute a waiver of any subsequent default.

16.3. No waiver by the Company of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 12.1 above.

17. Severability

17.1. If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. Entire agreement

18.1. The Company intends to rely upon these Terms and any document expressly referred to in them in relation to the subject matter of any Contract. Any variations to the Terms are only effective if provided in writing.

18.2. These Terms shall override any terms and conditions stipulated or referred to by the Customer in an order or pre-contract negotiations.

19. Company’s right to vary these Terms

19.1. The Company has the right to revise and amend these Terms from time to time.

19.2. You will be subject to the policies and Terms in force at the time that you access the Website or you order Goods from the Company, unless any change to those policies or these Terms is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if the Company notifies you of the change to those policies or these Terms before the Company sends you the Dispatch Confirmation (in which case the Company has the right to assume that you have accepted the change to the Terms, unless you notify the Company to the contrary within fourteen days of receipt by you of the Goods).

20. Law and jurisdiction

20.1. These Terms and any Contracts for the purchase of Goods through our site and any dispute or claim arising out of or in connection with them or their subject matter or their formation (including non-contractual disputes or claims) will be governed by English law. Any dispute arising out of or in connection with these Terms or such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.

21. Third Party Rights

21.1. A person who is not a party to these Terms or a Contract shall not have any rights under or connection with them under the Contracts (Rights of Third Parties) Act 1999.

22. Comments or Complaints

Please send any comments or complaints to the Company via email or mail at GCS GENESIS COMMERCIAL SOLUTIONS LTD, Unit 10 Goldsmith Way, Eliot Business Park, Nuneaton, England, CV10 7RJ.