Terms & Conditions
Welcome to The Ceramic Warehouse (“TCW”). By purchasing TCW products, you (“Customer”) agree to the following terms and conditions (“Terms and Conditions”):
1. General
These Terms and Conditions govern the sale of car detailing products and coatings (“Products”) by TCW. By placing an order, the Customer agrees to be bound by these Terms and Conditions.
2. Products
2.1 Product Descriptions: TCW strive to ensure that all Product descriptions, images, and prices are accurate. However, we do not warrant that Product descriptions or other content are error-free.
2.2 Availability: All Products are subject to availability. We reserve the right to discontinue any Product at any time.
3. Orders
3.1 Order Placement: Orders can be placed online through TCW website, by phone, in-person or by email. A confirmation email will be sent upon successful order placement if you have provided a valid e-mail address.
3.2 Order Acceptance: TCW acceptance of a Customer order will take place;
a. once payment has been received and processed; or
b. if payment terms are agreed, when TCW provide acceptance of the Customer order to the Customer; or
c. if payment terms are agreed and TCW must commit to more raw materials to satisfy the Customer order, when TCW place the order for those raw materials; or
d. when TCW ship the Products to the Customer.
3.3 TCW reserve the right to refuse or cancel any order at TCW’s discretion.
4. Pricing and Payment
4.1 Pricing: All prices are listed in GBP and are subject to change without notice. Prices do not include taxes or shipping charges, which will be calculated at checkout.
4.2 Payment: TCW accept payment via bank transfer, credit/debit cards, PayPal, and other specified methods.
4.3 VAT: Unless stated otherwise, where applicable, all displayed prices are exclusive of VAT.
4.4 Taxes and Duties: All other taxes and duties are specifically excluded and shall be the responsibility of the Customer.
5. Shipping and Delivery
5.1 Shipping: TCW offer various shipping options, which will be displayed at checkout or provided to the Customer on request. Shipping costs are calculated based on the delivery address and the weight of the Products.
5.2 Delivery Time: Estimated delivery times are provided by TCW. While we strive to deliver orders promptly, we are not liable for delays beyond our control.
5.3 International Shipping: International orders may be subject to customs duties and taxes. The Customer is responsible for these charges.
6. Returns and Refunds
6.1: Returns: Subject to Clauses 7 and 8, Products can be returned within 14 days of receipt if they are unused, in their original packaging, and accompanied by a receipt or proof of purchase. The Customer is responsible for return shipping costs.
6.2 Refunds: Refunds will be processed once the returned Products are received and inspected. Refunds will be issued to the original payment method within 7-14 business days.
6.3 Damaged or Defective Products: If Customer receive a damaged or defective Product, please contact us within 7 days of receipt. We will arrange for a replacement or refund.
6.4: Warranty claim: In the event a warranty claim is approved by TCW in accordance with the terms in Clause 8, 6.2 shall apply to refunds.
7. Cancellation Policy for Orders of £1000 or over, excluding online orders
7.1 Cancellation: If a Customer cancels an order or contract for the purchase of £1,000 or more of Products the following terms shall apply.
7.2 Costs Covered by the Customer: If the Customer cancels the order prior to delivery of the Products, the Customer agrees to reimburse TCW for any reasonable and demonstrable costs incurred by TCW in connection with the cancelled order. These costs may include, but are not limited to:
a. Raw materials, components, or supplies procured specifically for the order.
b. Labor costs associated with work performed up to the point of cancellation.
c. Administrative expenses related to the processing and handling of the order.
d. Non-refundable fees or charges paid to third parties in relation to the order.
e. Any additional costs reasonably incurred as a direct result of the cancellation.
7.3 Notice of Cancellation: The Customer must provide written notice of cancellation to TCW. The effective date of cancellation shall be the date on which TCW receives such notice.
7.4 Non-Refundable Deposits: Any deposits or advance payments made by the Customer are non-refundable and may be applied toward the costs covered under this Clause.
8. Cancellation Policy for Orders placed online for £1000 or over
8.1 Applicability: This cancellation policy applies to all orders placed through TCWs website ("Website") for Products with a total order value exceeding £999.99. By placing an order on the Website, you ("Customer") agree to this cancellation policy.
8.2 Cancellation Period: The Customer may request a cancellation of the order for Products within 24 hours of placing the order without incurring additional charges, provided the order has not yet been processed or shipped. Orders already shipped cannot be cancelled. In such cases, customers must follow the returns process outlined in clause 6.
8.3 Costs for cancellation: For cancellations requested after the order has been processed but before shipment, the Customer will be responsible for any administrative, processing and re-stocking fees incurred by TCW. If materials have been committed, ordered or used or customisation has been initiated, a cancellation fee of 33% will apply to cover costs.
8.4 Refunds: Refunds will be issued in accordance with the timelines in Clause 6.
9. Warranty
9.1 Product Warranty: Our Products come with a manufacturer's warranty against defects in materials and workmanship. The warranty period varies by Product and is specified in the Product documentation, with the maximum warranty period being 12 months.
9.2 Warranty Claims: To make a warranty claim, please contact us with Customer order details and a description of the issue. We will provide instructions for returning the Product or arranging a repair if the warranty claim is valid.
9.3 Warranty Limitation: As per clause 9.1, TCW offer a warranty against defects in materials and workmanship only.
9.4 Warranty Exclusions: This warranty specifically excludes defects caused by incorrect storage, handing and application, including the using of Products from an already opened bottle or container.
9.5 Warranty Period: Up to 12 months from shipment date, depending on the Product type.
9.6: Disclaimer of Liability: To the fullest extent permitted by law, TCW disclaims all implied warranties, including but not limited to the implied warranties of fitness for a particular purpose and merchantability.
9.7 Improper use: TCW shall not be held liable for any loss, damage, or injury arising from the improper or unsuitable use of the Products, whether foreseeable or not, and whether direct, indirect, incidental, or consequential.
10. Limitation of Liability
10.1 Limit of Liability: Subject to Clause 10.3, TCW’s maximum liability for any damages arising from, or associated with, the use of its Products is limited to the purchase price of the Product, including the shipping costs.
10.2 Indirect Damages: TCW shall not be liable for any indirect, incidental, or consequential damages resulting from the use of its Products.
10.3 Limit of Liability Exclusions: Nothing in these Terms and Conditions shall limit TCWs liability for any liability that cannot be limited under English law, including for death or personal injury, caused by the proper use of the Products.
11. Intellectual Property
11.1 Intellectual Property: All intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, design rights, and any other proprietary rights (collectively, "Intellectual Property Rights") related to the Products and any associated documentation, designs, software, or materials, are and shall remain the sole and exclusive property of TCW.
11.2 Non-Transfer: The provision or sale of the Products to the Customer does not transfer any Intellectual Property Rights to the Customer. The Customer is granted only a limited, non-exclusive, non-transferable, and revocable license to use the Products in accordance with its intended purpose and under the terms outlined in this agreement.
11.3 The Customer shall not:
a. Copy, modify, reverse engineer, disassemble, decompile, or create derivative works of the Product, its components, or associated materials.
b. Use any Intellectual Property Rights of TCW for purposes other than for the use of the Products.
c. Remove, obscure, or alter any proprietary notices, labels, or marks on the Products without prior written consent of TCW.
11.4 Breach: Any unauthorised use of the TCW’s Intellectual Property Rights shall constitute a breach of this agreement and may result in legal action.
12. Privacy
TCW are committed to protecting Customer privacy. Our Privacy Policy, which describes how we collect, use, and protect Customer personal information, is incorporated into these Terms and Conditions by reference.
13. Governing Law
These Terms and Conditions are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms and Conditions shall be subject to the exclusive jurisdiction of the English courts.
14. Amendments
TCW reserves the right to amend these Terms and Conditions at any time.
15. Supremacy of Terms
15.1 Precedent: These Terms and Conditions constitute the entire agreement between TCW and the Customer concerning the sale and use of the Products.
15.2. Conflict: In the event of any conflict, discrepancy, or inconsistency between these Terms and Conditions and any other terms, conditions, or agreements proposed, communicated, or otherwise presented by the Customer, these Terms and Conditions shall take precedence and govern, unless explicitly agreed otherwise in a written document signed by both parties.
15.3. TCW expressly rejects and does not accept any terms and conditions proposed or included by the Customer in purchase orders, acknowledgments, or other documentation unless such terms are explicitly agreed upon in writing by an authorised representative of TCW.