Terms & Conditions

These Terms of Sale apply to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

Contract formation and fulfilment

When a Customer places an order it constitutes an offer to Materials World to buy the Product(s) in the order, at which point, (i) if you pay with a credit or debit card, a hold will be put on the card provided; (ii) if you pay using a cash on delivery, your order will undergo a review by the Material World and, if approved, will become a pending order (iii) if you pay with bank account Transfer, your order will undergo a review by the Material World and, if approved, will become a pending order.

Regardless of your chosen payment type, you will receive an e-mail confirming the receipt of the offer (“Order Acknowledgement E-mail“). The Order Acknowledgement E-mail does not confirm Material World acceptance of the offer.

If Materials World accepts the offer, a notification email will be sent to the Customer, at which point a contract will come into existence between the Customer and Materials World. When the contract comes into existence:

  • If your chosen payment method was a credit or debit card, the payment will be processed accordingly;
  • If your chosen payment method was bank account transfer / Cash on delivery, the payment will be governed by the applicable terms and conditions as referred to above.

If Materials World rejects the offer or fails to respond within one (3) working day, a notification email will be sent to the Customer, at which point you are free to place other orders. Should Materials World reject the offer:

  • If your chosen payment method was a credit or debit card, the hold on the card provided will be released;
  • If your chosen payment method was Bank account Transfer, the transaction will be reversed within 3-7 Working days in the Material World Customer account.

Products

The images of the Products on the Site are for illustrative purposes only. Although reasonable efforts to display the Products accurately have been made, the delivered Product may vary slightly from those images. All sizes, weights, capacities, dimensions and measurements indicated on the Site have a +- tolerance.

The packaging of the Products may vary from that shown in images on the Site.

The Seller shall ensure that the Products in the order:

  • correspond in all material respects with their description provided on the Site;
  • be of satisfactory quality
  • where they are manufactured products, be free from material defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery.

Except as expressly provided in this clause, ‘Products’, the Seller shall have no liability to the Customer in respect of the Product’s failure to comply with any warranty unless mentioned otherwise under article listing warranty information.

Delivery

The costs of delivery are included within the price of the order, unless expressly stated otherwise. The Products may be delivered in instalments

Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The Seller shall not be liable for any delay in delivery of the Product(s) that is caused by a force majeure event or the Customer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

The delivery date will be stated in the Order Confirmation E-mail. Delays in the delivery of an order shall not entitle the Customer to:

  1. refuse to take delivery of the order;
  2. claim damages; or
  3. terminate this agreement.

If the Seller fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Products. The Seller shall have no liability for any failure to deliver the Products to the extent that such failure is caused by a force majeure event or the Customer’s failure to provide the Seller with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.

If no one is available at the delivery address the Customer has provided to take the delivery, a re-delivery may be arranged through the Seller. The Seller may incur some additional costs associated with the re-delivery and may charge the Customer reasonable compensation for the costs of such re-delivery.

If after a failed delivery, the Customer does not rearrange delivery, the Seller will contact them for further instructions and may charge them for reasonable storage costs and any further delivery costs. If, despite the Seller’s reasonable efforts, they are unable to contact the Customer or re-arrange delivery for any reason (including reasons beyond the Parties’ control), the Seller may end the contract and will refund any money paid for the Products not provided but may deduct or charge any foreseeable direct costs incurred as a result.

Legal title to the Product passes from the Seller to the Customer once payment has been received in full and cleared funds and the delivery has taken place. Risk in Products shall pass to the Customer on delivery.

Pricing errors

It is always possible that, despite the Material World best efforts, some of the Products they sell may be incorrectly priced. If the Seller accepts and processes the Customer order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by the Customer as a mispricing, the Seller may end the contract with no penalty, refund the Customer any sums paid and require the return of any Products provided.

Returns

The Customer’s right to return the Products will depend on what they have bought, whether there is anything wrong with it, how the Seller is performing, when they decide to end the contract and whether they are a consumer or business, as specified below.

If the order has been dispatched or received, the Customer must return it to the Seller to the address provided. They must either post them back to that address or (if they are not suitable for posting) allow the Seller or anyone designated by the Seller to collect them. The Customer may need to cover the costs of such postage or collection

Change of mind – consumers

Consumers have a right to change their mind and receive a refund for most products bought online. This right would normally start from the date they purchase such products and expire seven (7) days after the day they (or someone they nominate) receive the product.

The consumer right to change their mind does not apply in respect of any Products that are from the following categories: (i) products that become mixed inseparably with other items after their delivery; or, (ii) perishable products (such are marked as ‘non-returnable’ on the Site); or, (iii) Kingspan products (such are marked as ‘non-returnable’ on the Site)

If a consumer exercises their right to change their mind, the Seller will refund them the price paid for the corresponding Products as soon as possible and in any event within Seven (7) days after they inform them of their decision to cancel the contract, provided that they have returned the Products to them, where applicable. Any items that have been damaged or are not in similar conditions will not be refunded.

The Customer must organise the return and pay any associated costs of such (including the Seller’s (or the Seller’s designated party’s) reasonable costs of collection if the Products bought are not suitable for posting).

Change of mind – business

Even if the Seller is not at fault and the Customer is not a consumer who has a right to change their mind, the Customer can still end the contract before it is completed if agreed with the Seller in writing, but they may have to pay compensation for the net costs the Seller may incur as a result.

Customer rights in respect of defective products – consumers

Goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the Product, Customers who are consumers may be entitled to the following:

(i) up to 7 days: if the goods are faulty, then the Customer can get an immediate refund;

The Seller will pay the costs of postage or arrange a collection. Please contact the Seller via the Site or Material World for more information.

Liability

  1. The Seller has obtained insurance cover in respect of its own legal liability for individual claims. The Seller has been unable to obtain insurance in respect of certain types of loss at a commercially viable price. THE LIMITS AND EXCLUSIONS IN THIS CLAUSE REFLECT THE INSURANCE COVER THE SELLER HAS BEEN ABLE TO ARRANGE AND THE CUSTOMER IS RESPONSIBLE FOR MAKING ITS OWN ARRANGEMENTS FOR THE INSURANCE OF ANY EXCESS LOSS.
  2. The restrictions on liability in this clause, ‘Liability’, apply to every liability arising under or in connection with this agreement including liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
  3. Nothing in this agreement limits any liability which cannot legally be limited, including liability for:
    • death or personal injury caused by negligence;
    • fraud or fraudulent misrepresentation;
    • breach of any associated legal terms
    • defective products under the Consumer Protection

Severance

If any provision or part-provision of these Terms of Sale is or becomes invalid, illegal or unenforceable, it shall be deemed deleted to the minimum extent required to make it valid, legal or enforceable, but that shall not affect the validity and enforceability of the rest of this agreement and/or that provision.

Entire agreement

These Terms of Sale and, where applicable, Terms and Conditions constitute the entire agreement between the Parties, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

Each Party acknowledges that in entering into this agreement it does not rely on, and shall have no remedies for, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms of Sale.

Each Party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.

Assignment

The Seller may at any time assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with all or any of its rights or obligations under this agreement.

The Customer may not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights or obligations under this agreement without the prior written consent of the Seller.

Third Party Rights

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties)

Variation

No variation of this agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

Jurisdiction

The contract between the Customer and the Seller shall be governed by the laws of Islamic Rebublic of Pakistan, and both Parties agree to submit to the exclusive jurisdiction of the English courts.

COPYRIGHT © 2023

Material World