Terms and Conditions of Sale

1. Definitions

In these Terms and Conditions, the following words shall have the following meanings:

"Company", "We", "Us", or "Our" refers to Cascade Trade Direct Ltd, a company registered in England and Wales with company number 16996273 and registered office at 115 Sedlescombe Road North, St Leonards On-Sea, TN37 7EJ.
"Customer", "Buyer", "You", or "Your" refers to the person, firm, or company who purchases the Goods from the Company.
"Contract" means the legally binding agreement between the Company and the Customer for the sale and purchase of Goods, incorporating these Terms and Conditions.
"Goods" means the items, products, or materials (or any part of them) set out in the Order.
"Order" means the Customer’s order for the Goods, whether placed verbally, in writing, or via our website.
"Special Order" means Goods that are non-stocked, bespoke, made-to-measure, or specifically ordered from a manufacturer to fulfill a Customer's specific requirements.

2. Basis of Sale

2.1 These Terms and Conditions apply to all Contracts for the sale of Goods by the Company to the exclusion of any other terms that the Customer seeks to impose or incorporate.

2.2 The Order constitutes an offer by the Customer to purchase the Goods. A Contract is only formed when the Company accepts the Order by issuing a written order acknowledgement, invoice, or by dispatching the Goods.

2.3 The Company reserves the right to correct any clerical, typographical, or other errors in any sales literature, quotation, price list, or invoice without any liability.

3. Customer Obligations

3.1 The Customer is responsible for ensuring that the terms of the Order and any specifications provided are complete and accurate.

3.2 The Customer shall provide the Company with such information and materials as the Company may reasonably require to supply the Goods, and ensure that such information is accurate in all material respects.

3.3 Indemnity: The Customer shall indemnify the Company against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, and all interest, penalties, and legal costs) suffered or incurred by the Company arising out of or in connection with:

Any error, inaccuracy, or omission in the Order or specifications provided by the Customer.
Any breach of these Terms and Conditions by the Customer.
The Customer’s failure to obtain any necessary licenses or consents required for the purchase or use of the Goods.

4. Goods, Checks Prior to Fitting, and Installation

4.1 Any advice or recommendation given by the Company or its employees regarding the storage, application, fixing, or use of the Goods is given in good faith but is followed entirely at the Customer’s own risk.

4.2 Checks Prior to Fitting: It is the Customer’s responsibility to thoroughly inspect all Goods (including checking for shade, batch variations, or defects) prior to installation.

4.3 The fixing or installation of the Goods constitutes full acceptance of them. The Company will not accept any responsibility, nor offer any refunds or replacements, for issues or defects that are discovered after the Goods have been installed.

4.4 The Company does not offer an installation service. The Customer is solely responsible for ensuring a professional and competent fitter carries out the installation.

5. Price and Payment

5.1 The price of the Goods shall be the price quoted by the Company or, where no price has been quoted, the price listed in our published price list at the date of dispatch.

5.2 All prices are exclusive of VAT and the costs of packaging, insurance, and delivery, which will be added to the total amount due unless otherwise stated.

5.3 Unless a credit account has been agreed in writing, payment must be made in full before Goods are dispatched.

5.4 If the Customer holds an approved credit account, invoices must be paid in full and in cleared funds within 30 days of the invoice date. Time for payment is of the essence.

5.5 Failure to pay on time may result in the Company suspending future deliveries and charging statutory interest on the overdue amount, alongside any legal or debt-recovery costs incurred.

6. Title and Risk

6.1 The risk in the Goods shall pass to the Customer as soon as the Goods are delivered to the Customer’s specified location.

6.2 Title (legal ownership) of the Goods shall not pass to the Customer until the Company has received payment in full (in cleared funds) for the Goods and any other sums that are owed to the Company.

6.3 Until title passes, the Customer must hold the Goods on a fiduciary basis, store them separately from other goods, and ensure they are clearly identifiable as the Company's property.

7. Delivery and Consignments

7.1 Delivery costs will be provided at the time of purchase. Charges may vary depending on the delivery postcode, weight of the Goods, and any specific services requested.

7.2 Any dates quoted for delivery are approximate estimates only. The time of delivery is not of the essence, and the Company shall not be liable for any losses, costs, or damages caused by a delay in delivery.

7.3 If the Customer fails to accept delivery of the Goods, the Company reserves the right to store the Goods and charge the Customer for all related costs (including storage, insurance, and re-delivery).

8. Damage in Transit and Shortfalls

8.1 The Customer must thoroughly inspect the Goods immediately upon receipt.

8.2 Reporting Damages: If any Goods are damaged during transit, or if there is a shortfall in the Order, the Customer must notify the Company immediately and must sign the courier's delivery note as "Damaged" or "Short".

8.3 Claims for transit damage or shortfalls will not be accepted unless the delivery note has been signed accordingly.

8.4 Photographic evidence of any damage must be provided to the Company to aid with insurance claims.

8.5 For specific bulk items (such as tiles), the Company will only issue replacements for damaged Goods if the breakages exceed 10% of the total order.

9. Returns and Cancellations

9.1 If the Customer wishes to return standard (stocked) Goods, they must contact the Company within 14 days of delivery to request a returns note.

9.2 Returned Goods will only be accepted if they are unused, in their original packaging, undamaged, and strictly fit for immediate resale.

9.3 A restocking charge of up to 30% of the total order applies to all returned Goods. The cost and risk of returning the Goods to the Company remain entirely the responsibility of the Customer.

9.4 Once the returned Goods have been inspected and deemed resaleable, a refund will be processed minus the restocking fee. Original delivery charges are non-refundable.

9.5 Special Orders: Items that are Special Orders cannot be cancelled, returned, or refunded under any circumstances unless they are proven to be faulty upon delivery.

10. Limitation of Liability

10.1 Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or any other liability which cannot legally be excluded.

10.2 The Company shall under no circumstances be liable to the Customer, whether in contract, tort (including negligence), or otherwise, for any loss of profit, loss of business, or any indirect or consequential loss arising under or in connection with the Contract.

10.3 The Company's total liability to the Customer in respect of all other losses arising under or in connection with the Contract shall not exceed the price paid for the Goods.

10.4 The Company shall not be liable for any losses arising from the Customer's failure to provide accurate measurements, specifications, or information in the Order.

10.5 The Company shall not be held responsible for any delay or failure in performance resulting from "Force Majeure" events beyond its reasonable control, including but not limited to strikes, transport failure, or supply chain disruptions.

10.6 For the avoidance of doubt, the Company is not liable for any costs related to the removal of defective Goods or the re-installation of replacement Goods.

11. Governing Law and Jurisdiction

11.1 The Contract, and any dispute or claim arising out of or in connection with it, shall be governed by and construed in accordance with the laws of England and Wales.

11.2 Both parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of this Contract.

11.3 Dispute Resolution: In the event of a dispute, the parties shall first attempt to resolve the matter through good-faith negotiations.

11.4 If the dispute is not resolved within 30 days of the initial notification, either party may request that the matter be referred to a formal mediation process before commencing any legal proceedings in the courts of England and Wales.