Chroma Global Flooring Solutions
TERMS & CONDITIONS

Important Legal Notice

1.
INFORMATION ABOUT US
Chroma a trading style of The Exchange Limited, registered office at 1 Athol Street, Douglas. Isle of Man. IM1 1LD registered in the Isle of Man with the registration number 107401C. Our VAT number is GB002 2473 32


This page (together with the documents referred to on it) sets out the terms and conditions (“conditions”) upon which we supply any of the goods (“goods”). Please read these conditions carefully before ordering any goods. In ordering any goods, “you” as the purchaser of goods agree to be bound by these conditions. You should print a copy of these conditions for future reference. 
 
2.
SERVICE AVAILABILITY
2.1

Our website is only intended for use by people resident in the United Kingdom, Isle of Man and the Channel Islands.
2.2
If you order goods from outside the United Kingdom, Isle of Man and the Channel Islands those goods may be subject to import duties and/or taxes, which are levied when the goods reach their destination. You accept responsibility for the payment of any such import duties and/or taxes.
2.3
You must comply with any laws and regulations of the country for which the goods are destined. We will not be liable for any breach by you of any such laws.


3.
YOUR STATUS
3.1

Unless you are an account customer, and have made a valid application of the same and been confirmed as having credit status with us, then you should assume all orders will be provided on a proforma basis. That is, payment is required in full prior to any order being placed.
3.2
If paying for an order through our ChromaDirect portal, you warrant that:
(a)
you are legally capable of entering into binding contracts; either personally or on behalf on a company identity.
(b)
you are (in the case of an individual) at least 18 years old;
(c)
you acknowledge that all products are made to order, personalised or made to your specification
(d)
you are resident in one of the serviced countries.


4.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1

The contract for the sale of the goods by us to you (“contract”) will only be formed in accordance with this condition.
4.2 These conditions apply to the sale by us to you of all and any goods purchased from Chroma and govern each contract to the exclusion of any other terms and conditions introduced or submitted by you, and supersede any terms previously issued.
4.3
After placing an order you will receive an e-mail from us acknowledging that we have received your order and comprising a description of the goods, the price of the goods and the delivery costs (where applicable), and the estimated delivery time for the goods (“e-mail confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the goods. All orders are subject to acceptance by us, and the contract will only be formed when we despatch the goods to you.
4.4
Any typographical error or omission in any sales literature, quotation, price list, e-mail confirmation, invoice or other document or information issued by us are subject to correction without any liability on our part.
4.5
Any advice or recommendation clearly available for download by you from our website as to the installation, storage, application or use of the goods, which is not followed or acted upon, is entirely at your own risk. However, no claim will be looked into or accepted unless proof is given to the Company that Partners recommendations have been followed.
4.6
You will take responsibility for retaining a copy of any e-mail confirmation received in accordance with condition 4.3 above.


5.
PURCHASER RIGHTS
5.1

You will have no right to cancel a contract for the supply of any goods or associated product, which are made to order, personalised or made for your specification in any way.
5.2
You have the right to enter our ‘buy back and recycle’ scheme, at the end of the flooring product useful life and if the product you have purchased is labelled with recycle@chroma.im. In addition if you are interested in recycling any flooring product please get in touch with us and we will help and advise you.


6. PRICE AND PAYMENT
6.1

Payments must be made via the Chroma Direct portal. We will carry out the necessary card verification processes and check availability refer to condition 4.3.
6.2
The price to be paid is that supplied to you by us via email invoice.
6.3
We are under no obligation to provide goods to you at an incorrect price, even after we have issued an e-mail confirmation if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
6.4
Payments made via Chroma direct will not be deemed to have been received until we have received cleared funds. Prices shown are nett prices and payments via the Chroma Direct portal will incur a 3% administration fee levied by the payment portal provider.
6.5
The prices for the goods are inclusive of any value added tax but do include delivery charges unless expressly stated otherwise.
6.6
The prices for the goods are inclusive of any value added tax but do include delivery charges unless expressly stated otherwise.
6.7
If any additional delivery costs become payable by you pursuant to condition 8.1 we shall invoice you immediately in respect of these costs. Any such invoice shall be payable within 7 days of the date of the invoice.


7.
PACKAGING

We will use reasonable endeavours to ensure the goods are appropriately packaged prior to despatch but the packaging of the goods is at our discretion and we have the right to pack all the goods in such manner, and in such quantities as we think fit and we are not obliged to comply with any packaging requests or instructions from you.


8.
DELIVERY
8.1

Unless otherwise agreed, we will deliver the goods to the delivery address notified to us by you at the time of order. In the event that you notify us of any change to the delivery address after the date of order, we reserve the right to pass on any additional delivery costs to you. Delivery addresses may not be changed once goods have been shipped.
8.2
We will use reasonable endeavours to deliver the goods within the lead time stated at order stage.
8.3
Any delivery dates given by us are estimates only. Time of delivery is not of the essence of the contract. Deliveries will be made to ground floor level only and to first point of contact. Delivery is made to roadside ground floor only, any time between 8am and 5pm during week days. Please note all deliveries will be made to Street level locations, that is not to floors higher than ground level. Deliveries will be made to first point of contact ‘receptionist’. Deliveries made to roadside location on site where applicable to first point of contact.
Please note it is your responsibility to house the received goods within an area of ambient temperature, and consideration should be given to deliveries received during inclement weather. Any claim due to lack of or bad housing of product will not be entertained.
8.4
Please inspect delivery and should there be any damage, dirt, tears, etc, please note it at the time on the delivery note prior to signing. After signing the delivery note please email photographic evidence within 2 hours of delivery to sales@chroma.im as claims cannot be entertained after this time.
8.5
When accepting your delivery please consider the weather and other site conditions as any damage caused post-delivery will not be considered.
8.6
All items are made to meet your specific requirements meaning any cancellation or refunds will not be accepted.
8.7
Storage costs will be charged if your goods are not accepted on the date detailed in your order confirmation - if your delivery date is changed please allow 5 working days when calling off your goods. We may store the goods until delivery, whereupon you shall be liable for all related costs and expenses (including, without limitation, storage and insurance.
8.8
Our deliveries are made by a third party partner - if you have not been contacted 48 hours prior to your expected delivery date please contact us. Should you not make contact with us we cannot be held responsible for but not limited to, failed deliveries or any further charges that result from the above.
8.9
Please always adhere to the manufacturer's fitting instructions (available from Chroma) as damage caused by non recommended fitting practices will null and void any product guarantee.
8.10
For large deliveries and if notified the Driver will call the delivery contact as provided on receipt of order and make them aware of an approximate delivery time. On arrival at the site, the Driver will wait up to a maximum of 20 minutes after which he will leave if you have no arrived to off load the goods. Any additional return delivery will be charged.
8.11
If for any reason you fail to accept delivery of any of the goods when they are ready for delivery, or we are unable to deliver the goods on time because you have not provided appropriate instructions, documents, licences or authorisations, charges may occur and…
8.12
The risk in the goods will pass to you (including for loss or damage caused by our negligence).
8.13
We may deliver the goods to you by separate instalments. Each instalment is a separate contract and no cancellation or termination of any one contract relating to an instalment shall entitle you to cancel any other contract or instalment.
8.14
It is your responsibility to check the goods for any damage and that they are what you ordered upon receipt and you must inform us of such damage within [6] hours of delivery. If you fail to inform us of any such damage, you are deemed to have accepted the goods. In addition photographic evidence is required to substantiate any possible claim – without this we cannot guarantee that any costs will be reimbursed.
8.15
It is your responsibility to check that the product is the correct product and colour ordered. We recommend that you refer to the sample product and your order confirmation and the product as shown on our website (please put link here) to compare the likeness on site to ensure that you have received the correct product. Any costs associated with the installation of any incorrect product will not be reimbursed by us.
8.16
Product should be inspected on receipt of delivery and in addition and any claim made after 24 hours of the product being in your possession will not be considered and any associated costs or new product will not be reimbursed or provided by us.


9.
RISK/TITLE
9.1

The goods will be at your risk from the time of delivery (or deemed delivery).
9.2
Ownership of the goods will only pass to you when we have received payment for the goods from you in full even if said goods have been delivered to you.


10.
WARRANTIES
10.1

The goods are directed solely at those who access the website from the serviced countries. We make no representations that any goods are appropriate for use or available in other locations.
10.2
We warrant that on delivery, the goods should be of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.3
If the goods we deliver are not what you ordered or are damaged  you must give us written notice of the problem within 6 hours of receipt of the goods by you – see condition 8.14
10.4
If any of the goods do not conform with the warranty in condition 10.2 we draw your attention to clause 10.6 the provisions set out in condition 12.
10.5
If we comply with condition 10.4 we will have no further liability for a breach of the warranty in condition 10.2 in respect of such goods.
10.6
Notwithstanding the provisions set out in this condition 10, you acknowledge that we do not manufacture the goods so cannot be held directly responsible for any product defects or product non-performance or product not fit for purpose claim or product failure, but we will endeavour to provide you directly with the contact details of the particular manufacturer and the product warranties as their contract of sale, so you may make a claim directly to the manufacturer concerned.


11.
LIABILITY
11.1

Subject to conditions 5, 8 and 10, the following provisions set out our entire financial liability to you in respect of:
11.1.1
any breach of these conditions;
11.1.2
any use made or resale by you of any of the goods; and
11.1.3
any representation, statement or tortious act or omission including negligence arising under or in connection with the contract.
11.2
All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract.
11.3.1
We will not be liable, whether in tort (including for negligence or breach of statutory duty), contract misrepresentation or otherwise for:
(i)
loss of income or revenue;
(ii)
loss of business;
(iii)
loss of profits;
(iv)
loss of contracts; or
(v)
any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
11.3.2
If the seller determines a defect claim to be valid, the seller may, within a reasonable time elect to (i) replace any defective materials, (ii) repair any defective material, (iii) accept return of any defective materials and refund the purchase price therefor to buyer, or (iv) pay to buyer the difference in value of conforming materials as of the scheduled contract delivery date and the value of the materials actually delivered. To the extent permitted by law, the foregoing is buyer's exclusive remedy for any defective material hereunder. We stress our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract is limited to the price paid for the goods and no more.


12.
COMPLAINTS POLICY

We are committed to providing a quality service to you and value your views, opinions and feedback on any goods, which have been supplied to you or the service which we have provided to you. If we have not performed any of our duties to a satisfactory standard please contact us and we will endeavour to rectify any problems. If the complaint relates to the quality or specification of goods please refer to our refund policy at condition 5. For any other complaints, queries or to provide us with feedback, please contact us at sales@chroma.im We will endeavour to contact you within 3 working days of receiving your email and will work closely with you in trying to resolve any problems fairly and quickly and to ensure that both our goods and the services which we have provided to you are to your satisfaction.


13.
WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using the website, you accept that communication with us will be mainly electronic. We 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 acknowledge that all contracts, notices, information and other communications that you provide to us electronically comply with any legal requirement that such communications be in writing. The provisions set out in this condition do not affect your statutory rights.


14.
NOTICES

All notices given by you to us must be sent either by e-mail to sales@chroma.im
or by post at the trading address set out in condition 1 above. We may give notice to you at either the e-mail address or postal address you provide to us when placing an order, or in any of the ways specified in condition 14 above. Notice will be deemed received and properly served immediately when posted on the website, 24 hours after an email is sent, or three days after that 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.


15.
GENERAL
15.1

We may assign the contract or any part of it to any person, firm or company. You may not be entitled to assign the contract or any part of it without our prior written consent.t.
15.2
We may defer the date of delivery or cancel the contract or reduce the volume of the goods ordered by you (without liability) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials.
15.3
If any provision of the contract or these terms are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it will to that extent be severed and the remaining provisions of the contract or these conditions and the remainder of such provision shall continue in full force and effect.
15.4
Failure or delay by us in enforcing or partially enforcing any provision of the contract shall not be construed as a waiver of any of our rights under the contract.
15.5
Any waiver by us of any breach of, or any default under, any provision of the contract by you shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other terms of the contract.
15.6
No term of the contract shall be enforceable by virtue of the contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.7
These conditions, together with our current website prices, delivery details, contract details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any member of the Chroma team on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
15.8
The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by Isle of Man law and any disputes shall be resolved exclusively in the Isle of Man Courts.


Chroma a trading style of The Exchange Limited, Registered office 1 Athol Street, Isle of Man. IM1 1LD registered in the Isle of Man with the registration number 107401C. Our VAT number is GB002 2473 32



Terms & Conditions of Website Usage


Important Legal Notice

ATTENTION:
This legal notice applies to the entire contents of this Website under the domain name and to any correspondence by e-mail between us and you. Please read these terms carefully before using this Website.

Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.

This Website is for use by consumers over the age of 18 years only.


This notice is issued by “The Company” Chroma a trading style of The Exchange Limited, 1 Athol Street, Douglas, Isle of Man. IM1 1LD registered in the Isle of Man with the registration number 107401C

The following words and expressions shall have the following meanings unless the context otherwise requires:

“Commercial Gain” includes, without limitation: using the Website as part of advertising which may result in revenue generation or personal gain, selling Goods to a third party and copying, reproducing, distributing, publishing, transferring, licensing, selling, commercially exploiting or duplicating any element of this Website whatsoever;

“Website” www.chroma.im

1.
Introduction
1.1

You may access most areas of this Website without registering your details with us.
1.2
By accessing any part of this Website, you acknowledge that all products are made to order, personalised or made to your specification. You also shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.3
The Company may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.

2.
Licence
2.1

you are not permitted to print and download extracts from this Website
for your own use, unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by the Company or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with paragraph 3.1 above for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
2.2
No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without the Company’s prior written permission.
2.3
any rights not expressly granted in these terms are reserved.
2.4
you must not visit or use the Website for the purposes of Commercial Gain.

3.
Service access
3.1

while the Company endeavours to ensure that this Website is normally available 24 hours a day, the Company shall not be liable if for any reason the Website is unavailable at any time or for any period.
3.2
access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.

4.
Visitor material and conduct
4.1

other than personally identifiable information, which is covered under the Privacy Policy (see privacy policy) any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2
you are prohibited from posting or transmitting to or from this Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be
considered a criminal offence, give rise to civil liability, or
otherwise be contrary to the law of or infringe the rights of any
third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer
viruses, logic bombs, Trojan horses, worms, harmful components,
corrupted data or other malicious software or harmful data).
4.3
you may not misuse the Website (including, without limitation, by
hacking).
4.4
the Website contains robot exclusion headers. Third parties may license information on the Website to the Company. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not:

(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Website without the prior expressed written permission of the Company and the appropriate third party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; or
(iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website. We do not authorise you to extract or re-utilise substantial parts of our Website, or to make systematic and repeated extractions or re-utilisations of insubstantial parts of our Website.

5. Disclosure

5.1
the Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material in breach of paragraph 4.

6.
Links to and from other websites
6.1

links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.
information contained on the website
7.1

while the Company endeavours to ensure that the information on this Website is correct, the Company does not warrant the accuracy and completeness of the material on this Website. The Company may make changes to the material on this Website, or to the Goods and prices described in it, at any time without notice. Material displayed on the website may be used by the company for representation purposes and may not reflect actual product availability.  The material on this Website may be out of date, and the Company makes no commitment to update such material.

7.2
the material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extended permitted by Isle of Man law, the Company provides you with this Website on the basis that the Company excludes all representations, warranties and conditions and other terms (including without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.

8.
Liability 8.1

the Company, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
8.2
if your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

9.
Governing law and jurisdiction

This legal notice shall be governed by and construed in accordance with Isle of Man law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Isle of Man courts.

The Website is operated by Chroma a trading style of The Exchange Limited, 1 Athol Street, Douglas. Isle of Man. IM1 1LD registered in the Isle of Man with the registration number 107401C

Chroma.im 2016 - All Rights Reserved
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