1. INTERPRETATION

1.1 Construction. In these terms and conditions, the following rules apply:
(a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
(b) A reference to a party includes its personal representatives, successors, or permitted assigns.
(c) A reference to the terms or these terms refers to the terms and conditions included in this document.
(d) “Writing” included emails and when we use the words “writing” or “written” in these terms, this includes emails.

2. THESE TERMS

2.1 These are the terms and conditions on which we
supply goods to you, whether these are products or services.
2.2 Our right to vary these terms. We may amend these terms from time to time. Every time you order our products, the terms in force at the time of your order will apply.

3. OUR CONTRACT WITH YOU

3.1 Our quotations. Any quotation we give you for our products shall not constitute an offer. A quotation shall only be valid for a period of 14 days from its date of issue. Please refer to clause 12.2 explaining that any price quoted is not the final price and not binding in case of a price increase and currency/exchange rate movements.
3.2 How we will accept your order. An order constitutes an offer by you to purchase our products in accordance with these terms and conditions. Our acceptance of your order will take place when we write to you to accept it and when we have received the deposit payment referred to in clause 12.5,
at which point a contract will come into existence between you and us.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be for example because the product is out of stock or out of production because the product has been discontinued, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.4 Correct details on the order. It is your responsibility to check the order and ensure that the terms of the order and any applicable specifications or measurements you have given us are complete and accurate. Please read clause 4.2 carefully.

4. OUR PRODUCTS

4.1 Products may vary slightly from their pictures or from displayed products or samples. The images of the products in our catalogues or brochures and on our website, the products on display in our showrooms, and any samples are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that a device’s display of the colors or the printed pictures in our catalogs or brochures, or any sample accurately reflects the color of the products. Your product and any sample may vary slightly from those images or from the products on display. We, therefore, recommend that you check the worktop pieces and any product of natural substance in the warehouses and outlets suggested by us before placing y our order to ensure that you are satisfied with the materials.
4.2 Making sure the measurements and plans are accurate and correct. If we are making the product to the measurements or plans or drawings you have given us, you are responsible for ensuring that these measurements, plans, and drawings are correct and even if these measurements, plans, and drawings have been prepared by your builder, architect, or any other third party. We will not be responsible for any costs or losses you may incur because of incorrect measurements, plans, or drawings. You have no right to reject the products or ask for a refund because the products do not fit due to incorrect measurements, plans, or drawings you have given us. In case that we take the measurements, we will not be responsible for any costs or losses you may incur if our measurements turn out to be incorrect or the products cannot be fitted properly because of items, installations, or alterations in the room which we could not see or reasonably foresee. Also, we will not be responsible for any costs or losses you may incur if your builder or any other third party does not properly follow or understand our measurements, plans, or drawings.
4.3 Changes to your specifications. We reserve the right to amend your specifications of the products if required by any applicable statutory or regulatory requirements.
4.4 Ex-display products. Occasionally we offer discounted products that have been displayed in our showrooms. An ex-display product is sold as seen and may not be covered by any of the guarantees. It is your responsibility to check the product and assess its condition. There will be no refund for any money paid (including any deposit paid). Please refer to clause 10 for the charges that you may incur if you decide to end the contract.

5. Your rights to make changes to our products

5.1 If you wish to make a change to the products we offer before you order them, please contact us. We will let you know if the change is possible. If it is possible, we will let you know if the change affects the price, the timing of supply, or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. You have to pay any additional charges and expenses resulting from the change requested.
5.2 If you wish or need to make changes to your order, whether or not the extent of the changes required is known, please call us immediately to inform us and send us by email which changes are required. Changes to your order may only be accepted in exceptional circumstances on a case-by-case basis and we reserve the right to refuse such requests for changes. Whether a change is possible and the resulting costs will depend upon the progress already made with the original order and the nature of the change. If we accept the requested changes to your order, you have to pay all additional charges and expenses resulting from the changes. In addition, an administration fee of €100 will be charged for amending your order and in certain circumstances, a restocking fee of 20% of the price of the product that is being changed may apply

6. Our rights to make changes

6.1 Minor changes to the products. We may change the product for example:
(a) to reflect changes in relevant laws and regulatory requirements; or
(b) to implement minor technical adjustments and improvements. These changes should not affect your use of the product.
6.2 Changes to the main characteristics of our products. We will notify you if we make changes to the main characteristics of our products and you shall let us know if you agree to those changes. If you do not agree with those changes you may contact us to end the contract and receive a full refund. For the sake of greater clarity, this right to end the contract does not apply to minor changes referred to in clause 6.1.

7. Providing the products – please read this carefully

7.1 Delivery costs. The costs of delivery will be as set out in your order and include delivery to kerbside only unless otherwise specified.
7.2 When we will provide the products. As the products are made to your order we will deliver them to the address set out in your order or such other address as agreed in writing as soon as reasonably possible once the products are ready for delivery.
7.3 When you should accept delivery. If you (or a third party you contracted) fail to take delivery of your order within two weeks of us notifying you that the products are ready, except where such failure is caused by an event outside your control (for the sake of greater clarity this does not include a failure by a third party you contracted), then we may store the products until delivery takes place, and if we decide to do so, we will charge you for all related costs and expenses in accordance with clause 7.11
7.4 Delivery dates are approximate only. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. We strongly recommend that you do not book installation services or any other services before you have received the products and checked them as we will not be liable for any costs or losses incurred by you, your subcontractors, or any other third parties if those services could not be provided because the products were not delivered
7.5 How we deliver. The products will be delivered to the entrance door on the ground floor of the building. You have to make sure that sufficient handling labor is present to carry the products into your property. If delivery is required to a specific floor additional fees will be charged. It is your responsibility to ensure that the delivery area is dry, clean, and finished. We reserve the right to refuse delivery of the products if the area is not suitable for delivery or is unfinished and also reserve the right to charge you additional fees. You or the person accepting delivery will be asked to sign a delivery note.
7.6 Delivery by installments. We may deliver the products in installments in accordance with the delivery installation schedule we provided. Any delay in delivery or any defect in a part of the order does not entitle you to cancel the remaining items and services of your order.
7.7 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for delays caused by events outside our control (such as for example the availability of products from third parties).
7.8 Inspection of the products within 48 hours of delivery. You have to inspect the products within 48 hours of delivery for any faults, damage, or shortage and before commencing installation. The 48 hours deadline starts the day after delivery. You have to inform us within the 48 hours deadline of any such faults, damage, or shortage by email including photographic evidence. We will not accept any liability for claims made after the 48 hours deadline. For the sake of greater clarity, this clause does not apply in case you collect the products from our premises, please refer to clause 7.9 for your inspection obligation.
7.9 Inspection of the products at the collection point. If you have asked to collect the products from our premises, you have to inspect the products for any faults, damage, or shortage at the collection point and inform us on-site of any such faults, damage, or shortage. Once you have left the collection point with the products we will not accept any liability for any faults, damage, or shortage. The products can be collected at any time during our working hours from 9.00 am to 5.00 pm on weekdays (excluding public holidays) and Saturdays between 9.00 am and 5.00 pm.
7.10 If you are not at home when the product is delivered. If no one is available at your address to take delivery as per the agreed delivery schedule, we reserve the right to store the products until delivery takes place and charge you for all related reasonable costs and expenses in accordance with clause 7.11. We will contact you to rearrange delivery (in this case additional delivery costs may be charged) or collection of the products.
7.11 Additional costs for storage of the products. These additional costs correspond to 1% of the price of the products being stored (excl. VAT) but are not less than €100 (excl. VAT) per week. You have to pay the storage costs in full before we deliver the products to you and if you do not so we have the right to refuse delivery until we have received payment. Any additional storage costs resulting from your delay in paying the storage costs will have to be paid by you.
7.12 If you do not allow us access to provide our services. If you do not allow us access to your property to perform the services as arranged we may charge you additional costs incurred by us as a result. If despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract in accordance with clause 11.
7.13 When you become responsible for the product. The product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
7.14 When you own goods. You own a product which is goods once we have received (in cash or cleared funds) all sums due and payable by you for the products and services where applicable, including any delivery and storage costs.
7.15 What will happen if you do not give the required information to us. We may need certain information from you so that we can supply the products to you, for example, specific requirements and instructions relating to your property (such as for example flooring and wall requirements, building structure, electricity, fire alarm, and other systems in use). We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 11.1) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or supplying products that do not fit if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.16 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product:
(a) to deal with technical problems or make minor technical changes;
(b) to update the product to reflect changes in relevant laws and regulatory requirements;
(c) to make changes to the product as requested by you or notified by us to you;
(d) because production/manufacture of this product has been discontinued.
7.17 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending the supply of the product unless the problem is urgent or an emergency. We will offer you a suitable alternative product of similar standard and quality. Only if you have a good and reasonable ground for reusing the alternative product and if we are not able to offer you a different alternative product, we will refund any sum you have paid in advance corresponding to the price for the product being suspended.
7.18 We may also suspend the supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 13.5) and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend the supply of the products until you have paid us the total outstanding amounts. As well as suspending the products we can also charge you interest on your overdue payments (see clause 13.6) and resell the products (see clause 13.7).

8. Providing the services

8.1 Our installation services. We offer different installation types and please contact us to get more information on what services are included in each package. Delivery of the products and installation of the products must take place at the same location unless we otherwise agree with you. You shall use your best endeavors to promptly inspect the products after installation and immediately report any damage, failure, or any other issue related to our services.
8.2 Your responsibilities. If we are installing the products you are responsible for:
(a) protecting the products and taking all reasonable steps to ensure that these are not damaged by you, any of your builders or any other third party who are on site (carrying out other work) while the products are installed as we will not be responsible for any damages to the products caused by them;
(b) ensuring that any template and installation guidance given by us are read, understood and strictly followed by you, your builders or by any other third party as otherwise additional charges may apply (as explained in the guidance) and the completion of the installation may be delayed
(c) obtaining all planning permission and building regulations consents;
(d) informing us of any structural defects or anomalies of your property which may affect the installation services;
(e ) ensuring that the installer has clear, safe and uninterrupted access to the property ;
(f) ensuring that your builders or any other third party have completed their work and vacated the area prior to the installation and do not obstruct the work of our installers; failure to meet this requirement may cause delays, for which we do not accept responsibility or liability , and we reserve the right to refuse to deliver and install the products and may charge additional costs;
(g) ensuring that the area where the installation services are to be carried out is clean, level, clear of debris and prepared for the installation (this includes for example removing any valuable items); failure to meet this requirement may cause delays, for which we do not accept responsibility or liability, and we reserve the right to refuse to deliver and install the products and may charge additional costs;
(h) ensuring that all services which may affect or be affected by the installation of the products are disconnected;
(i) ensuring that in case you are using an alarm system you are present to switch it off when the installer arrives and switch it back on once he leaves, we exclude all liability in this regard;
(j) providing adequate power, lighting, heating and other necessary facilities for the installer to be able to carry out the installation services;
(k) providing toilet facilities unless otherwise agreed; and
(l) disposing of all packaging materials unless you wish to instruct us to do so subject to payment of an additional fee.
8.3 Installation of the products by a third party. We strongly recommend that a competent and qualified person carries out the installation of the products supplied. Before commencing installation or hiring a third party to install the products or committing to an installation date, please ensure that the products have been physically delivered, examined, and checked, and ensure that the general guidelines for the installation of the products are read and understood. Our drawings are for illustrative purposes only and we supply those for kitchen design only. You will be fully responsible for the handling and installation of the products and for ensuring that all measurements are agreed and confirmed by your installer on-site. We exclude all liability for any damages to the products or to your property or for the products not being duly fitted due to incorrect handling, fitting, or installation. Upon request, we can inspect, advise on, or rectify incorrect handling, fitting, or installation but additional charges will apply.

9. Guarantees

9.1 Installation services. We offer a 12 months installation guarantee against any damages incurred by our installation services. This guarantee will start running upon finishing the installation works, and will not cover damages caused or contributed to by poor, faulty, or incorrect use or maintenance of the products and damages caused or contributed to as a result of normal wear and tear. If any work is required after that period we may charge an additional cost.
9.2 Conditions of a guarantee claim. Any claim must be made in writing and accompanied by proof of purchase, details of the failure, and photographic evidence of failure. The terms and conditions of the manufacturer apply. The products must have been correctly installed and fitted and not have been modified.

10. Your rights to end the contract – please read this carefully

10.1 Cancellation right. Your order can be canceled but as you are ordering the products in our store and the products are manufactured to your specific requirements, all costs incurred by us up to the point of cancellation including but not limited to the manufacture of the products will be chargeable. The deposit payment referred to in clause 13.5 is not refundable. Additional charges (such as for example restocking or storage fees) may apply. Please read clause 12.5 carefully.
10.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at (a) to (b) below the contract will end and we will refund you in full for any products which have not been provided or have not been provided properly. The reasons are:
(a) we have told you about an upcoming change to the main characteristics of a product which you do not agree to (see clause 6.2); or
(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
10.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 10.2, then the contract will end immediately and we will not refund any sums paid by you for the products ordered and for any products in transit as the products are made-to-order. Also, additional charges (such as for example restocking or storage fees) may apply. All costs incurred by us up to the point of termination and any reasonable legal fees we may incur in collecting the unpaid amounts you owe will be chargeable.

11. Our rights to end the contract

11.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if for example:
(a) you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due; or
(b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products or the services;
11.2 Consequences of you breaking the contract. If we have to end the contract because you broke it, clause 10.3 applies. In addition, you have to pay us any reasonable legal fees we may incur in collecting the unpaid amounts you owe us.

12. If there is a problem with the product or the services

12.1 How to tell us about problems. If you have any questions or complaints about the products or the services, please contact us by email in the first instance. Alternatively, please telephone us. Any complaint must be done in writing in accordance with clause 12.2. We will try to answer your question or complaint immediately, however, if this is not possible we will make a record of your question or complaint in our system and come back to you as soon as reasonably possible.
12.2 How to make a formal complaint. Your complaint must be sent by email to info@tomulescuinteriors.ie Your complaint should set out details, the reasons for your complaint, proof of purchase, photographic evidence of failure (if any), and what you want to be done as well as your full name, address, contact details, and email. Once your complaint has been received we will acknowledge receipt in writing and let you know when you can expect our reply.
12.3 Repairing or replacing defective products. Should during the guarantee period a defect occur with the products due to our fault, we will give you appropriate options which may include repair, replacement, or partial refund. If we are not given a reasonable opportunity to rectify the defect, you will not be reimbursed should you choose to rectify the defect yourself or with a third party.
12.4 Inspecting defective products. We reserve the right to request an independent inspection of any allegedly defective products or to carry out a mutually agreed inspection to identify whether the products have been properly installed (if not installed by us), used, maintained, stored, or serviced. We reserve the right to make a charge to cover any reasonable costs if the products have not been properly installed, used, maintained, stored, or serviced.
12.5 You have no right to return the products or change your mind once your order has been accepted. All our products are made-to-order and therefore you have no right to return them for a refund or change your mind once the products have been ordered, unless the exceptions below apply.
(a) Any non-bespoke product that we may supply to you can be returned, provided that you do so within 7 days of delivery. To do so, you must notify us in writing within those 7 days. A 20% restocking fee will be deducted from the refund for all the products returned. You will then be entitled to a refund from us, which will be paid as soon as possible, but in any event within 30 days. You must arrange for and pay the costs of returning the products to us. On request, and strictly at our absolute discretion, we may collect the products from you, but where we choose to do so, the reasonable cost of this will be charged to you and we may deduct this from the refund. We may also deduct any reasonable storage.
(b) Any bespoke product delivered that is not what you ordered or does not correspond with its description or is not of satisfactory quality can be returned within 7 days of delivery. To do so, you must notify us in writing within those 7 days. We will, at our option, deliver you a replacement product or refund you the price paid for the product that is returned and your reasonable costs of returning that product.
Note: Tiles are non-refundable.
12.6 Conditions of a refund. To obtain a refund you must take good care of the products and keep them in excellent condition, especially (but not only) if you have opened the packaging and/or started using the products. If you fail to do so we reserve the right with absolute discretion to refuse the refund or deduct a 1.1 charge based on the condition of the product you want to return. Until the products are returned to us you are responsible if they are lost, damaged, or destroyed. We reserve the right to inspect the products before we refund you any sums. In case the products have not been delivered we may deduct from the refund a restocking fee of 20% of the order and an administration fee of €100+VAT.

13. Price and payment

13.1 Design Fees. Non-refundable fixed fees are charged for design services you require from us, namely €250 for kitchen design and €150 for bathroom design. The design fees will become immediately payable and no work on the design will be commenced until the design fees are paid in full. Copy right of the design work is retained by us until all invoices due under these Terms and Conditions have been settled.
13.2 The price for the products. The price of the products (which excludes VAT) will be the price set out in your order unless we have agreed on another price in writing. Any price quoted by us is not the final price and is not binding on us. Please see clause 13.4 for what happens if we discover an error in the price of the products you order.
13.3 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
13.4 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. If the product’s correct price at your order date is higher than the price stated by us, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as mispricing, we may end the contract and refund you any sums you have paid.
13.5 When you must pay and how you must pay. When you must pay depends on what products and services you are buying:
(a) For the supply of products only: you must pay 100% price on confirmation of your order. Full payments must be in cleared funds before delivery of the products.
(b) For orders with a value less than €5000 -you must pay 100% advance payment of the total price on confirmation of your order.
(c) For kitchen supply & fit service: 40% deposit on confirmation of your order, 40% on sign-off of the order and 20% balance one week before the delivery.
(d) For bathroom supply & fit service: 50% deposit on confirmation of your order, 40% one week before the starting date, and 10% balance on completion of the project.
13.6 Method of payment. We accept payments by bank transfer and credit and debit card payments.
13.7 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 5% a year above the base lending rate of the Central Bank from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
13.8 We can resell your products if you pay late or do not pay. We reserve the right to resell or otherwise dispose of part or all of the products from your order if the payments due in accordance with clause 13.5 are not received in a timely manner. After deducting an administration fee, all reasonable storage, and selling costs as well as reasonable legal fees, we will account to you for any excess over the price of the products or charge you for any shortfall below the price of the products. The deposit payment is not refundable.
13.9 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know why. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
13.10 Delays outside our control. If there are delays caused by an event outside our control please contact us promptly and we will use all reasonable endeavours to find an interim solution to solve the issue. We will not charge additional costs for implementing such interim solution, but you will not be entitled to hold back any payment due in accordance with these Terms and Conditions.

14. Our responsibility for loss or damage suffered by you

14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights.
14.3 When we are liable for damage to your property. If we are installing the products or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
14.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business, or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.5 We are not liable for other specific losses as set out in these terms and conditions (see for example (non-exhaustive) clauses 4.2, 7.4, 7.7, 8.2, and 8.3).

15. How we may use your personal information

15.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) to send you promotional emails or emails with similar content, provided you have given us express consent that you are happy for us to do so
15.2 We may pass your personal information to credit reference agencies. Where we extend credit to you for the products, we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
15.3 We will only give your personal information to third parties where the law either requires or allows us to do so

16. Other important terms

16.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms, except we have consented to a transfer of your rights and obligations.
16.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.3 Even if we delay enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you straight away, we can still require you to make the payment at a later date.
16.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.