Terms and Conditions
"User" means the person or entity using the website.
"Owner" means the company that owns the website, IRANIAN TABADOL KISH CO.
"Service Provider" means the company providing the website content management system and hosting services to the Owner for the website.
"Website" means "www.traonyx.eu"
"Goods" means the subject matter of the Contract including the raw materials, finished or semi finished materials or articles and say goods supplied in substitution for or in replacement of or in addition thereto and any services connected with the sale of Goods described in the order or in any specification of the customer whichever shall be accepted by the Company.
"Contract" means an agreement between the Company and any Customer of which these Terms and Conditions shall form part of.
"Customer" means the individual firm, partnership, company or any other body howsoever constituted acting as the buyer of goods to be supplied either directly or indirectly or otherwise by the company.
Agreement to be bound by Terms
It is a condition of use of this site that Users agree to these Terms and Conditions.
By registering to use this site Users agree to be bound by these Terms and Conditions.
The following terms and conditions apply to all transactions between the seller and the buyer and any order will be acceptance of such terms and conditions, together with any amendments. Alterations to these terms and conditions will only be accepted if expressly agreed in writing prior to any purchase. Failure to comply with these terms and conditions, or any revised terms and conditions as the seller may have imposed, may result in the refusal to supply products.
Basis of Sale
The seller shall sell and the buyer shall purchase the goods in accordance with the seller’s written or verbal quotation (if accepted by the buyer) at the time the order is placed or purchase is made. Any advice given by the seller or its employees in regards to the application, storage or use of any goods is followed entirely at the buyer own risk and the seller shall not be liable for any problems that arise due to incorrect installation of any goods supplied.
The seller retains the right to make any changes to clerical, typographical or any other error in any sales literature, price list, quotation, invoice or information issued by the seller and shall not liable in any way.
The Buyer acknowledges that Goods made from a Natural Stone will vary in shading, colour and texture and samples are only to provide an indication of the general colour and quality. The Buyer acknowledges that such variance is acceptable.
Price and Payment
The price shall be the Recommended Retail Price less agreed discount, unless otherwise agreed in writing between the parties. The price is exclusive of VAT or any other applicable costs.
Credit terms may be offered subject to satisfactory credit vetting of the Buyer by the Seller. The offer of credit will be at the sole discretion of the Seller.
Where credit is offered payment of the price and VAT and any other applicable costs shall be due within 30 days of the date of the invoice supplied by the Seller, unless otherwise agreed in writing. In cases where credit is not offered payment will be required before release of goods by the Seller.
The Seller shall be entitled to charge interest on overdue invoices from the date when payment becomes due from day to day until the date of payment at a rate of 2 per cent per annum above the base rate of the Bank.
If payment of the price or any part thereof is not made by the due date, the Seller shall be entitled to:
require payment in advance of delivery in relation to any Goods not previously delivered;
refuse to make delivery of any undelivered Goods without incurring any liability whatever to the Buyer for non-delivery or any delay in delivery;
Delivery costs provided at the time of purchase and will form part of the purchase price. Delivery charges can vary depending on postal codes, weight of products, day of delivery, sizes of packaging and type of delivery vehicle required.
The seller will provide estimated delivery days but these are only estimates, although the seller will use all reasonable efforts to deliver the goods at the time specified. Failure to comply with the specified delivery date shall not constitute a breach of these terms and conditions and the seller will not accept any liability for any cost incurred due to late delivery.
The buyer or the buyer’s representative will need to be present at the delivery address on the specified date, unless otherwise arranged. If no one is present at the time of delivery, the goods will be retained by the haulage contractor and returned to the nearest depot until we received further instruction. A re-delivery changed will be added to the cost of the goods to cover additional haulage.
If previously arrange with the seller, deliveries can be left without the buyer being present but the seller cannot accept any responsibility for incorrect delivery, loss or damaged of goods after the time of delivery.
All deliveries will be made using a tail lift vehicle unless otherwise requested, delivery will generally be kerbside depending on the vehicle used and the access to site. If there are access problems such as even ground, narrow lane and driveway or overhanging trees, the goods will be left in the nearest easily accessible and safe access point for the address stated.
The buyer shall inform the seller immediately if any of the goods have been damaged during haulage, or there is any shortfall in the order, the delivery note provided by the haulage contractor must be marked with this information. The seller will only replace damaged tiles if the total amount is greater than 5% of the total order. Photographic evidence of any damage may be required to aid with any insurance claim against the haulage contractor.
All good purchased by the buyer can be returned to the Premises within 7 days of the delivery or purchase date which ever is latest and the buyer will be refunded in full on confirmation that the goods are in the same condition as when delivered or taken from the premises. If collection is required the buyer will be liable for the additional collection cost and any labour cost that maybe incurred during collection. The seller will aim to rectify any returns within 7 days of notification where ever possible but will not accept any liability for delay beyond its control.
Limitation of Liability
TRAONYX, its agents and its servants are not liable for any direct, indirect, incidental loss, cost, undelivered promise, infringement, breach, violation or damages resulting from the use, associated use or inability to use this web site.
To ensure the best possible service please keep you information current. Customers are solely responsible for maintaining the security of their passwords at all times. If you forget your TRAONYX password you can request it be resent to your registered email address.
TRAONYX is committed to NOT offer, trade, sell, swap or knowingly release to an external third party any information gathered from your registration, use and conductance of transactions within this web site unless so directed by law. We keep your email address or phone number when you send us a message through the contact us form or you send in a question so that we can contact your in response
The User agrees to indemnify the Owner and the Service Provider against any claim for loss or damage of any kind by any third party arising out of, or in relation to, the use of the Website by the User.
Material on this site is all the copyright of the Owner or the Service Provider and the copying or use of this information is not permitted unless prior written permission is received from the site owner.
Credit Card transactions are processed in US Dollar or Newzealand Dollar.
Risk and Retention of Title
Risk of damage to or loss of the Goods shall pass to the Buyer at:
in the case of Goods to be delivered at the Seller's premises, the time
when the Seller notifies the Buyer that the Goods are available for
collection; or in the case of Goods to be delivered otherwise than at the Seller's premises, the time of delivery or, if the Buyer wrongfully fails to take delivery of the Goods, the time when the Seller has tendered delivery of the Goods.
Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Conditions, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods.
[Sub-clause 8.2 notwithstanding, legal and beneficial title of the Goods shall not pass to the Buyer until the Seller has received in cash or cleared funds payment in full of the price of the Goods and any other goods supplied by the Seller and the Buyer has repaid all moneys owed to the Seller, regardless of how such indebtedness arose.]
Until payment has been made to the Seller in accordance with these
Conditions and title in the Goods has passed to the Buyer, the Buyer shall be in possession of the Goods as bailee for the Seller and the Buyer shall store the Goods separately and in an appropriate environment, shall ensure that they are identifiable as being supplied by the Seller and shall insure the Goods.