Terms and Conditions

1. Definitions and interpretation

1.1 This is the www.travertinedirect.co.uk website (the "Website") which is owned by M2 Direct which is a company registered and incorporated in England (Company Number OC365930) with its registered office at Unit 9, The Courtyards, Victoria Road, Seacroft, Leeds, LS14 2LB ("we", "us", "our"). 

1.2 By purchasing any products listed on the Website (the "Products") and by using this Website you acknowledge that you have read and you agree to be bound by and comply with these Terms and Conditions and our Privacy Policy which sets out how we process your personal information. If you do not accept these Terms and Conditions you must not use the Website and will not be able to order any Products from the Website. Your statutory rights are not affected.

1.3 We may change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such changed Terms and Conditions.

2. Purchase of Products

2.1. The placing of a Product on our Website is an invitation to accept offers for such Products and is not an offer to sell at the listed price nor is it binding on us. We are under no obligation to accept your order (whether or not the order has been confirmed and your card has been charged).

2.2. If you request a quote prior to placing your order, we will use reasonable endeavours to acknowledge and respond to your request for a quote within 2 business days of receipt by us of your quote request. Any quotation given by us is an estimate only.

2.3. Please note that the Product details and/or specifications as set out on the Website are subject to change without notice.

2.4. We will acknowledge by e-mail your order for a Product at the time you place your order. Please note that this does not mean your order has been accepted. We will contact you by telephone within 2 days of such email whether we have accepted your order in whole or in part. At the same time if we have accepted your order in whole or in part we will notify you of estimated delivery dates and direct you to a description of the ordered Products contained on our Website (the "Specification").

2.5. All samples, drawings, descriptive matter, specifications, advertising, illustrations, descriptions and photographs set out on our Website, catalogues and/or brochures are issued or published for the sole purpose of giving an approximate idea of the Products described therein. They shall not form part of the contract and this is not a sale by sample.

2.6. You acknowledge and agree that many of our Products are made from natural materials and that such Products may be subject to minor imperfections as well as variations, including without limitation, in terms of appearance, texture and size. Such variations are beyond our control and we accept no liability whatsoever for such variations and/or imperfections.

2.7. In the event a Product is listed at an incorrect price due to a typographical error, we will notify you of the correct price by e-mail and we will give you the choice of either purchasing the Product at the correct price or cancelling your order. If you confirm you want the Product at the corrected price we will deliver the Product to you. If payment has been charged for the purchase and you cancel your order we will, on return of the Product (if the Product has been sent out) issue a refund.

2.8. Any order (whether or not accepted) is subject to availability of the Product. If the Product becomes unavailable prior to delivery we will notify you and give you the choice of a refund or of purchasing an alternative product.

2.9. Where Products are supplied in a pattern format involving two or more different sized Products to complete a pattern, we will only supply the pattern as a whole and not individual constituent parts.

3. Bespoke Items

3.1. We may, at our discretion, agree to manufacture and supply bespoke Products to you that are made to your specific order ("Bespoke Products"). Custom made orders are subject to us giving you a specific quote for the work and the parties agreeing and signing detailed specifications prior to manufacture.

3.2. When supplying a Bespoke Product we may, at our discretion, provide material samples in advance.

3.3 Where we agree to make a Bespoke Product for you, you agree that you:

(a)                shall be liable for the accuracy and completeness of the specification, including without limitation, all measurements;

(b)               warrant that the Bespoke Product (including without limitation the specification) shall not infringe any third party's intellectual property;

(c)                shall be liable for any infringement of a third party's intellectual property and shall indemnify us and keep us indemnified in respect of any costs incurred by us as relate to the Bespoke Product;

(d)               agree that where the specification includes imperial measurements, we shall be entitled to convert these measurements into the nearest equivalent metric measurement and the Bespoke Products may be charged in metric; and

(e)                agree that the Bespoke Product (including without limitation its specification) complies with all applicable laws, rules and regulations; all recognised industry standards and tolerances; and any guidelines detailed on our Website.

4. Registration

4.1 When purchasing our Products online via our Website, we shall be entitled to require you to register to the Website.

4.2 By registering to the Website, you warrant and represent that:

(a)                all your personal and, where applicable, company details ("User Information") are and shall at all times be honest, accurate and complete; and

(b)               you shall at all times maintain the accuracy of the User Information.

4.3 Where you register to the Website, you will need to create a user name and password ("Access Information"). You agree to keep the Access Information secure and confidential at all times and shall not disclose such to any third party except with our prior written consent.

4.4 In the event you become aware or at any time suspect that the confidentiality of your Access Information (in whole or in part) has been compromised, you shall promptly notify us at sales@travertinedirect.co.uk

 4.5 You warrant and represent that where you register to the Website:

(a)                you are acting as an individual, you are who you say you are; or

(b)               where you are acting on behalf of a Company, organisation or partnership or other body, that you are duly authorised to act in such a manner on behalf of such body.

5. Business Sales

5.1 You must inspect the Goods on delivery or collection to ensure that they are the correct type, of satisfactory quality, undamaged and the correct amount. If they are not, you must notify us within 24 hours of delivery or collection (as the case may be) for correction, replacement or refund of all or part of the Price (at our option).. If the goods are damaged or of unsatisfactory quality, we reserve the right to request documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no liability to you. The foregoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded to the fullest extent permitted by law.

5.2 Limitation of Liability

Business Sales

5.3 We will only be liable to you under or in relation to this Agreement or in relation to the Goods if you tell us about any shortfall, proven damage or defect in the Goods within 48 hours after delivery or collection (as appropriate) but not otherwise. We reserve the right to request documentary evidence, such as a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):

5.3.1 To make good any shortage or non delivery; or

5.3.2 To replace or repair any damaged or defective Goods.

5.3.3 We will not be liable to you for loss of profits or loss of business, depletion of goodwill or for any indirect or consequential loss or other consequential compensation. Our total liability to you (whether in contract, tort (including negligence), statute or otherwise) shall in no event exceed the Price.

5.3.4 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 5.3

6. Consumer Sales

6.1 If the Goods are not of the correct type or of satisfactory quality, i.e. damaged, you should notify us as soon as possible (preferably within 24 hours) and we will make available replacement Goods (at your option). If the fault with the order proves to be an error on our part, we will bear the cost of redelivery of replacement Goods and collection of the original Goods. If the fault with the order proves to be an error on your part, you will be required to bear the cost of redelivery of replacement Goods and collection of the original Goods.

6.2 If an incorrect amount of the Goods are delivered or collected, you should notify us as soon as possible (preferably within 7 days) and we will arrange to deliver or make available (as appropriate) the correct quantity of the Goods. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If this proves to be an error on your part, you will bear the cost of delivery of the balance of the order.

6.3 We reserve the right to charge a restocking and collection charge for goods returned to us which are not for reasons outlined in clause 5.3

6.4 Nothing in this Agreement is intended to limit any rights that you may have as a consumer under statute or to limit our liability to you in respect of death or personal injury resulting from our negligence or for fraud or fraudulent misrepresentation in respect of an untrue or misleading statement.

6.5 Right of Cancelation for Consumers

6.6 This clause only applies if you are acting for a purpose outside your business and there has been a distance contract.

Distance Contract means any contract concerning goods or services between a supplier and a consumer under a distance sales or service provision scheme that makes exclusive use of distance communication up to and including the moment at which a contract is made.

6.6.1 You may cancel this Agreement within 7 working days (period of cancellation) beginning the day after you receive the Goods.

6.6.2 To cancel you must let us know in writing that you wish to cancel. You may do this by letter, fax or email sent within the 7 days to us at the address set out in clause 1. If you tell us verbally you will need to send confirmation in writing within the 7 days.

6.6.3 You cannot cancel if the Goods are made specifically for you, or you have installed or laid them or used them.

6.6.4 If you wish to cancel Goods which have already been delivered, then you must return the Goods to us at your own cost, or we can collect them from you. If we collect the goods, then you will be liable for the cost of collection.

6.6.5 You have a duty of care during the period of cancellation to ensure that the goods are returned to us in the condition in which they were delivered. We reserve the right to charge for any damages caused by failure to carry out your duty of care.

7 Prices and Payment

7.1 The prices for the Products and delivery are as set out on the Website or, in respect of Bespoke Products, as contained in the written quotation provided by us to you, as applicable.

7.2 Payment can be made by cheque payable to M2 Direct Limited or by Delta, MasterCard, Solo, Switch or Visa at the time of order, unless otherwise agreed. A standard charge of 2.5% for credit card transactions will be applied to all orders. Products will not be despatched until we receive confirmation of cleared payment in full.

7.3 Your payment will be processed by a secure connection at the time you place your order on the relevant section of the Website or when placing your order by telephone.

7.4 We will inform you as soon as we can if we are unable to deliver the Products within 30 days of your order and you may agree an alternative delivery period or you may cancel the order. In no event shall we be liable to you for any losses you may have for any delay in delivery.

7.5 All prices and delivery charges are in pound sterling (GBP) and are exclusive of VAT. VAT will be added to all charges at the current rate where applicable.

7.6 We reserve the right to vary the prices at our sole discretion.

7.7 Should you find goods at a lower price in any other high street retail store which are like for like with the Products purchased by you, at our discretion we will match the lower price and, to the extent you have already paid us for the Products, refund the difference paid by you to us for the Products (the "Price Match Guarantee"), provided you comply with Condition 7.8 below.

7.8 In order to be eligible for the Price Match Guarantee you must, prior to purchase of the Products or in any event within 7 days of delivery of the Products to you, provide a written quote from the company supplying the like for like products, along with evidence that such company has the like for like product in stock, provide proof that the product is of UK stock and that the company is a legitimate, registered business. All credits, refunds or part refunds will be at our sole discretion.

7.9 Ownership of the Products shall not pass to you until we have received payment of all sums due in respect of the Products.

8. Delivery

8.1 Any stipulated delivery dates are an estimate only.

8.2 We may deliver the Products at any time Monday to Friday between 8.00am and 6.00pm (excluding public bank holidays). We may at our sole discretion deliver the Products at weekends between 8.00am and 6.00pm. Weekend delivery will only take place upon prior agreement by us and applicable delivery costs will be notified to you at the time of placing the order. We are unable to offer timed deliveries. Where applicable, it shall be your responsibility to ensure that someone is available to take delivery of the Products and you shall be responsible for ensuring that any person who signs at the point of delivery is authorised to sign for you.

8.3 All Products should be checked against the order and signature for the Products will confirm your acceptance of the delivery. If you are not satisfied with the Products on delivery you should not sign for delivery.

8.4 Delivery charges will vary dependant on size, weight and distance from our premises. We will inform you of the relevant delivery charge for your order prior to your order being accepted and this will be added to the purchase price.

8.5 Delivery will be to a mainland UK addresses only, unless otherwise agreed by us. If no one is available at the address at the time of delivery, we will retain the Products until we receive further instructions from you. If we deliver the Products on an alternative date or at an alternative location, you will be charged for re-delivery.

8.6 All deliveries will be delivered to the address stated on the order and this will typically be a curb side delivery, depending on the vehicle used. If curb side delivery is not suitable, Products will be unloaded to the nearest easily accessible and safe access point for the address stated.

8.7 We do not accept any responsibility for Products once they are delivered in accordance with these Terms and Conditions.

8.8 When placing your order you can choose to collect the Products from our warehouse but you agree that we shall not be liable for any liability whatsoever or for any damage, loss or inconvenience incurred once the Products have been collected from our warehouse. 

8.9 The quantity of any consignment of Products as recorded by us upon despatch from our Warehouse shall be conclusive evidence of the quantity received by you on delivery unless you can provide conclusive evidence proving the contrary.

8.10 If for any reason you fail to accept delivery of any of the Products or fail to collect the Products within 5 days of the date we inform you they are ready for collection (as applicable) or we are unable to deliver the Products on time because you have not provided appropriate instructions, documents, licences or authorisations:

(a)               risk in the Products shall pass to you (including for loss or damage caused by our negligence) at the point we were ready to deliver the Products or after 5 days of the date we notify you they are ready for collection (as applicable);

(b)               the Products shall be deemed to have been delivered; and

(c)                we may store the Products until delivery or collection (as applicable), whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

8.11          You should email sales@travertinedirect.co.uk or telephone 0113 2732104 in the event of any issue relating to delivery or the Products themselves.

9 Limitation of our liability

9.1 Whilst we have taken reasonable steps to ensure the accuracy and completeness of the information on this Website it is provided on an "as is" basis and we give no warranty and make no representation regarding the accuracy or completeness of the content of this Website. Further, no warranty is given that the Website shall be available on an uninterrupted basis, and no liability can be accepted in respect of losses or damages arising out of such unavailability.

9.2 Access to and use of this Website is at your own risk. We do not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection. We accept no liability for viruses. We recommend that you take all appropriate safeguards before downloading information or images from the Website.

9.3 In respect of any cause of action (including an action for negligence) arising out of or in connection with any purchase made from the Website, our entire liability shall be limited, to the extent that the cause of action relates to the Products purchased on our Website to (at our option):

(a)                repairing or replacing the defective Products; or

(b)               refunding the amount paid by you in respect of the Products purchased.

9.4              Subject to condition 9.6, our aggregate liability in respect of all causes of action arising out of or in connection with these Terms and Conditions, the sale, supply and/or use of the Products and/or in connection with your use of the Website (whether for breach of contract, misrepresentation, in negligence or any other tort, under statute or otherwise at all) shall:

(a)                where such claim is in relation to the Products, be limited to the price paid or payable for the relevant Product(s) you purchased from us;

(b)               where any claim does not relate to the Products, to £1000.

9.5 Subject to Condition 9.6, to the fullest extent permitted by law, we shall not be liable to you for any loss of profit; loss of business; or depletion of goodwill; or loss of contract; or loss of use; loss of anticipated revenue or savings; or loss or corruption of information or data (in each case whether direct or indirect); or any special, consequential or indirect loss, damage, cost or expense.

9.6 Notwithstanding anything in these Terms and Conditions we do not exclude liability:

(a)                for personal injury and death caused by our negligence; or

(b)               for fraud or fraudulent misrepresentation; or

(c)                for any liability under the Consumer Protection Act 1987; or

(d)               for any liability under the Sale of Goods Act 1979 which cannot be excluded as a matter of law.

9.7 Except as expressly set out in these Terms and Conditions any warranties, conditions or representations whether implied by statute or otherwise shall be excluded from the contract between you and us to the fullest extent permitted by law.

10 Health and Safety

10.1 It is strongly advised that all suitable precautions are taken by you when handling or dealing in any way with the Products. You are advised that gloves and goggles as well as other suitable safety clothing should be worn when handling and fitting Products supplied by us.

11 Intellectual Property

11.1 All information, copyright, database rights, trade marks, design rights and all other intellectual property rights in or relating to us, our business, the Products, Website and/or its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the content displayed on the Website) are owned by us or our licensors as applicable. Except as expressly set out in these Terms and Conditions, nothing said or done by either party shall constitute a transfer of such rights.

11.2 You are not permitted to use the Website in any way that may infringe the intellectual property rights contained in the Website. This means that you may not adapt, reproduce, publish, upload, extract, alter, store, post, redistribute, reutilise, retransmit or broadcast, all or any of the contents of the Website including but not limited to any trade marks or copyrighted material without our express permission. However, you are permitted to download and print out pages from the Website for the sole purpose of viewing for your own personal information.

11.3 You may not create a link to this Website from another website or document without our prior written consent.

12. Force Majeure

12.1 We shall not be liable to you for any delay in, or failure of, performance of our obligations under these Terms and Conditions arising from any cause beyond our reasonable control including any of the following: act of God, governmental act, war, fire, flood, explosion or civil commotion, failure in information technology or telecommunications services, failure of a third party (including failure to supply data) and industrial action.

13. Complaints Procedure

13.1 We are very proud of our high standards of service however, in the event that you are not happy, please do not hesitate to email us at sales@travertinedirect.co.uk.

14 Entire Agreement

14.1 These Terms and Conditions represent the entire understanding relating to the use of the Website and supersede all other statements, representations or warranties (whether written, made by email or oral) made by us. Nothing in these Terms and Conditions shall affect the liability of either party in respect of any misrepresentation, warranty or condition that it makes fraudulently. Any rights not expressly granted in these Terms and Conditions are reserved by us.

15 Severance

15.1 Each provision of these Terms and Conditions is severable and distinct from the others and if any provision is or at any time becomes to any extent or in any circumstances invalid, illegal or unenforceable for any reason, it shall to that extent or in those circumstances be deemed not to form part of these Terms and Conditions, but the validity, legality and enforceability of all other provisions of these Terms and Conditions shall not otherwise be affected or impaired, it being the parties' intention that every provision of these Terms and Conditions shall be and remain valid and enforceable to the fullest extent permitted by law.

16 Third Party Rights

16.1 A person who is not a party to this contract is not entitled to enforce any of its terms under the Contracts (Rights of Third Parties) Act 1999.

17 Law and Jurisdiction

17.1 These Terms and Conditions will be governed by and construed in accordance with the laws of England and Wales. Disputes arising in relation to this Website shall be subject to the exclusive jurisdiction of the Courts of England and Wales.

18 Contact Details

M2 Direct

Unit 9

The Courtyards

Victoria Road

Seacroft

Leeds

LS14 2LB

Tel: 0113 273 2104

Email: mail@m2direct.co.uk