Terms and Conditions of Supply - Consumers

a.In these Terms and Conditions of Supply ("Terms"), “we”, “our”, “us”, “ABI” or “ABI Interiors” means ABI Interiors International Limited, a company which is registered in England (company number 12954559) and whose registered office is at the 10 John Street, London, United Kingdom, WC1N 2EB, and “you” means the person, organisation or entity accessing purchasing products or related services from us.

b.These terms and conditions are for consumers. If you are a business customer please see our terms and conditions at www.abiinteriors.co.uk/terms-and-conditions-of-supply-business/

a. These Terms govern the relationship between you and ABI when you purchase products or otherwise deal with us. You agree that by placing any order with ABI, you are bound by these Terms.

b. To the extent that these Terms apply to an existing order, they may only be varied by written agreement between you and ABI.

c. If you have any questions about anything in these Terms, or if you wish to make a complaint, you can contact us at any time using the contact details in clause 17 (Contact Us).

3.1 Description of Products
We endeavour to ensure that all the products on our website are accurately described, and we rely on information provided to us by our suppliers. Unfortunately, on some occasions, it is possible that our website will contain errors and we reserve the right to correct any errors or inaccuracies at any time, including after you have placed an order.

3.2 Product Variation

a. Some products ABI offers for sale are made from natural or handmade materials. As a result, there may be slight variations between the product image(s) and the product you receive.

b. Hand made products, including but not limited to tiles and flooring may include minor blemishes and variations in colour, shape, pattern distribution and finish.

c. ABI endeavours to ensure that all finishes are displayed accurately on our website and across marketing materials. However, different displays and filters may result in the finish and colour appearing differently from the true product.

d. Due to the nature of the colouring process, there may be slight colour variations between products and batches.

e. Returning items based on:

1. a display based discrepancy;
2. a batch discrepancy;
3. discrepancies due to optical effects such as hazing or smudging at varying light sources and at differing angles; or
4. any qualities listed in clause 3.2(b) that result from the handmade nature of a product,
will be classified as a ‘change of mind return’ and therefore must be made in accordance with ABI’s Returns for change of mind policy.

3.3 Withdrawal of products

a. On rare occasions our suppliers find themselves unable to deliver products to us, or the products delivered are not of sufficient quality or workmanship for us to sell. We reserve the right to withdraw any products from our website at any time and/or remove or edit any materials or content on our website. We cannot guarantee that any product you buy will be stocked in the future, or that any future products you buy will be the same as any previous product bought. Each time you buy a product, you should check the product description carefully.

4. Order Process

a. Orders can be placed with us by using our online checkout process, directly with our team at one of our showroom locations, or by calling or emailing our team.

b. You are responsible for checking that the quantities and colour choices of products in your basket, proforma invoice or tax invoice, as well as the payment and delivery details on your order, are correct before completing the payment process. Prices, product details and stock levels can change, therefore you should check the latest listing on our website before placing your order. ABI will not be liable for any incorrect orders or failure of delivery resulting from the entry by you of incorrect details.

c. ABI reserves the right to, at our absolute discretion, accept or reject an order depending on a variety of factors, including but not limited to:

1. availability of the products ordered;
2. our ability to validate payment for the products;
3. any breach by you of these Terms or any other terms or policies set out on ABI’s website;
4. in the event of abuse or mistreatment of any ABI staff; or
5. in the event of actual or suspected fraud, misuse, an attempt at deception, or in the event of suspicion of other illegal activities in connection with the use of ABI’s website or purchase of ABI’s products.

d. Only these Terms will apply in relation to the supply of the ordered products. No changes to these Terms will be effective unless we both agree to the changes in writing save that we may change any product to:

1. reflect changes in relevant laws or to meet ant relevant regulatory requirements; and/or
2. implement minor technical adjustments and improvements only provided this will not affect your use of or the look of a product.

e. If we are required to make any more significant changes to any product we will notify you and you may then choose to end the agreement between us and receive a refund for any products you no longer wish to receive.

f. Please note you do have the right to cancel the agreement between us within a certain time. We have set out how you can do that in clause 12 (Cancellation Rights) below.

g. You must not order products or services from us if you are less than eighteen (18) years of age or if you are not resident in the United Kingdom. We may, at our discretion, refuse to fulfil any order by a person who is not eighteen (18) years old or resident in the United Kingdom.

5.1 Price

a. The price payable for a product is calculated by the price set out on our website minus our agreed discount with you. Discount is in accordance with clause 6 below.

b. All prices are listed in Pounds Sterling (GBP) and are inclusive of VAT. We make every effort to ensure prices and product information on our website is correct and up-to-date. Prices for our products displayed on third party websites may not be correct and we are not bound by them.

5.2 Payment

a. ABI requires full payment upon placement of your order unless otherwise agreed in writing. You must pay ABI the price for each product in your order as set out at checkout on our website, or in any invoice issued to you by ABI and, subject to clause 8.5 (Free shipping), any relevant delivery costs at the time of placing your order.

b. ABI accepts payment via bank transfer, by Visa, Mastercard Amex, Clearpay, PayPal, valid gift voucher, ABI-issued store credit.

c. Where payment is made with credit card, ABI reserves the right to levy a credit card merchant fee (including VAT) to cover bank charges.

d. Your credit card details will be encrypted to minimise the possibility of unauthorised access or disclosure and we employ the latest technology and use PayPal’s Payflow secure payment gateway. However, in the absence of negligence on our part, we will not be legally responsible to you for any loss or damage (whether direct or indirect) suffered by you if your credit or debit card is fraudulently used or your information is used in an unauthorised manner by a third party.

5.3 Proforma Invoices (Quoted Prices)

Quoted prices made by an ABI sales representative are valid for 30 days from the date of issue of a proforma invoice, except to the extent that a limited time special offer applies to products in the proforma invoice.

5.4 Tax invoice

ABI will provide you with a tax invoice or confirmation email for the products following receipt of payment of your order. Your tax invoice/confirmation email is your proof of purchase and may be required for any warranty claims.

6.1 General

a. You may use vouchers, promotional discount or coupon codes (Offers), Gift Cards, or Store Credit as payment for certain products on our website.

1. Offers are offered onsite, through our sales team, or via promotional activities.
2. Gift Cards are available for purchase on our website.
3. Store Credit is only awarded at our discretion.
Only one Offer can be used per order, but multiple Gift Cards and Store Credit can be used per order.

b. ABI monitors the issue and redemption of Offers and Gift Cards. In the event of fraud, misuse, an attempt at deception (including self-referral) or in the event of suspicion of other illegal activities in connection with the issue or redemption of Offers or Gift Cards, we may close or block access to any account you hold with us and/or require a different means of payment.

c. ABI may block Gift Cards if notified by law enforcement that a Gift Card has been fraudulently obtained.

d. We reserve the right to amend, vary or remove Offers at our discretion, other than where you have ordered a product and we have accepted that order.

6.2 Offers

a. Offers are valid only for the specified period stated on them and can only be redeemed in accordance with any special terms stated on them.

b. Where an Offer is applied to a proforma invoice, the Offer will only be valid for the period outlined in the Offer’s terms and conditions regardless of the timeframe the proforma invoice is valid for. Expired or invalid Offers will automatically be removed from proforma invoices once the Offer expires.

c. Only one Offer can be used per order unless otherwise stated.

d. Certain products may be excluded from Offer promotions, and unless specifically stated are not applicable to the calculation of shipping costs.

e. Vouchers/Promo Codes cannot be redeemed for cash or to buy Gift Cards, Out of Stock, or Sale Items.

f. If you place an order for a product less than the value of an Offer, no refund or residual credit will be returned to you.

g. If the credit available under an Offer is insufficient for the order you wish to make, you may make up the difference through payment by other means.

h. Where you return an item purchased with an Offer, ABI will only refund the final price you paid for that item.

i. ABI actively monitors the misuse of Vouchers/Promo Codes and reserve the right to deactivate Vouchers/Promo Codes or block any person that is not using an Offer in accordance with its terms.

j. Total discount Offers are applied equally over each individual item on an order and are not to be redeemed for cash or a refund.

6.3 Gift Cards

a. Gift Cards are valid for 3 years from the date of purchase.

b. Offers cannot be used to purchase a Gift Card.

c. Gift Cards can be redeemed against all products available on our website, in-store at our showroom locations or when placing orders over the phone or by email.

d. Gift Cards are non-transferable. Proof of identity may be required upon use.

e. Gift Cards may not be returned or redeemed for cash.

f. If your order total is less than the value of the Gift Card, the remaining balance will be available to redeem against subsequent orders; but will not be redeemable for cash.

g. All remaining balances exceeding the value of your Gift Card must be paid via an alternate payment method.

h. (All returned items which were paid for using a Gift Card, are redeemable for store credit only.

i. Gift Cards purchased online will be sent to the email provided once the full order and payment has been processed.

j. ABI is not liable for delivery of a Gift Card to an incorrect or non-existent email address. This is the sole responsibility of the purchaser.

k. ABI is not responsible if a Gift Card is lost, stolen, destroyed or used without permission.

l. ABI reserves the right to cancel a Gift Card if ABI deems such action necessary.

m. Sales tax and shipping is applicable on any products purchased with an ABI Gift Card.

n. The value of a Gift Card is applied proportionally over each individual item in an order.

6.4 Store Credit

a. Store Credit is valid for 3 years from the date of issue.

b. Store Credits can be redeemed against all products available on our website, in-store at our showroom locations or when placing orders over the phone or by email.

c. Store Credit is non-transferable; proof of identity may be required upon use.

d. Store Credit may not be redeemed for cash.

e. If your order total is less than the value of the Store Credit, the remaining balance will be available and can be redeemed against subsequent orders; but will not be redeemable for cash.

f. Any remaining balance exceeding the value of your Store Credit must be paid via an alternate payment method.

g. All returned items which are paid for using Store Credit are redeemable for Store Credit only.

h. Store Credit will be sent to the billing email address provided.

i.ABI is not responsible if Store Credit is lost, stolen, destroyed, or used without permission.

j. ABI reserves the right to cancel Store Credit if ABI deems such action necessary.

k. Sales tax and shipping is applicable on any products purchased with ABI Store Credit.

7. Availability

7. 1 Stock Levels

a. We do our best to keep in stock most products that are advertised by us. All stock availability, as represented on our website or by our sales or operations team, is accurate in accordance with our current stock levels, however, these stock levels are subject to change without notice.

b. If you choose to place your order on backorder as a result of clause 7.2(a), your order will automatically be shipped to you, at ABI’s expense unless the product is a free shipping excluded product or your total order value does not meet free shipping minimum spends, once it arrives in stock.

c. You will be notified by email once your backorder has been dispatched.

7. 2 Changes to Availability

a. If for any reason, ABI cannot supply a product you have ordered, an ABI team member will contact you using the details provided by you at the checkout process to amend, cancel or place your order on backorder as agreed with you.

b. If you choose to place your order on backorder as a result of clause 7.2(a), your order will automatically be shipped to you when possible.

c. You will be notified by email once your backorder has been dispatched.

d. Estimated backorder dates can be found on our website and/or your invoice and are subject to change.

e. If you choose to cancel any part of your order, you will receive a refund for the cancelled products.

8.1 Information

a. You are responsible for ensuring that all information required to deliver your products is correct.

b. ABI may not be able to update your details once submitted.

c. ABI accepts no liability for products delivered to an incorrect address as a result of you entering incorrect details.

d. We use a third party delivery company to deliver our products. You can see the delivery options available to you and you will be asked to select your preferred delivery option during the order process.

8.2. Delivery timeframes

a. Any timeframes quoted by ABI are provided as an estimate only and ABI will not be liable for a failure to deliver products within any quoted timeframes.

b.Tracking will be emailed to the nominated shipping email on your order upon dispatch from our warehouse.

8.3. Delayed Delivery

If our supply of the products is delayed by an event outside of our control we will contact you as soon as possible to let you know and will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there will be a substantial delay you may contact us to cancel your order (or any part of it) and to obtain a refund for the products you no longer want to receive.

8.4. Completed Delivery

a. Products will be deemed to be delivered when:

1. they are delivered to the delivery location nominated on your order or otherwise in accordance with any other delivery instructions given by you to us or our third party delivery company; or
2. where local pick-up is elected, when they are collected by you from ABI’s premises.

b. Subject to clause 8.5, you are responsible for all costs associated with shipping your order.

8.5 Shipping Fees

a. ABI offers free standard shipping within the United Kingdom for all purchases over £500 (subject to the exclusions in (b) and (c) below), calculated before tax, after any special offers or discounts (including any Offers) have been applied and not including the cost of any products that are ineligible for free shipping.

b. A delivery fee will apply to all orders dispatched for Saturday, pre-10am or pre-12pm delivery service (regardless of the purchase value); all orders under £500, and all orders containing products ineligible for free shipping.

c. Products that are ineligible for free shipping include any products listed as ineligible for free shipping in their product description from time to time.

8.6 Failed delivery

a. In the event that your order is returned to sender, ABI will attempt to contact you via the contact details provided with your order.

b. Where ABI cannot contact you within 14 days of receiving the returned order, ABI may cancel and refund your order.

8.7 Pack and hold

a. You may request that ABI pack and hold your order prior to shipping for up to 60 calendar days in respect of orders totalling £3,000 or more.

b. ABI will not hold an order except where you have received confirmation from ABI in writing; ABI may refuse to hold an order at its absolute discretion.

c. Provided you have paid for your order in full, ABI will dispatch the order at the end of the confirmed period.

a. International orders are any orders placed through ABI’s United Kingdom store with a delivery address outside of the United Kingdom (excluding the markets in which ABI operates).

b. Any delivery costs, or time estimates made by ABI in respect of an international order do not include the time your order may spend in customs. You may be required to pay customs and import taxes on your order once your delivery reaches your country’s customs port. ABI is not liable for your country’s customs fees, nor can ABI advise on what may apply to you.

c. VAT will not be charged on international orders with delivery addresses outside of the United Kingdom.

d. For all international orders:

1. in-stock items will be dispatched immediately; and


2. backordered items will be held by ABI until all backorder items in the order are ready for dispatch.
Please note, items shipped separately due to backorder may be liable for additional customs duties. Please advise prior to making payment if you wish to hold your entire order and receive only one shipment.

e. ABI products are tested and certified to meet all required standards in the markets in which ABI operates. View the countries where ABI operates here (Certified Countries).

Products purchased for installation in a country that is not a Certified Country may not meet the installation country’s standards and may not be appropriate for installation or use in that country. ABI does not accept liability for any failure of a product to meet an installation country’s standards where that country is not a Certified Country.

a. Ownership of the products will pass to you when your payment has been received by us.

b. If your payment is declined for any reason, we reserve the right to reclaim the products from your possession, custody or control even if they have been delivered to you or moved from the delivery address. We reserve the right to then keep or sell the products.

c. Responsibility for and risk in the products will pass to you once delivery of the products has taken place. From this time you will be responsible for any loss, damage or deterioration to any products.

11.1 Warranty

a. By law, we are required to supply products which are as described by us, fit for purpose and of satisfactory quality. We warrant that the products we sell to you:

1. conform to the description of the products on our website at the time of purchase;
2. are of satisfactory quality, free from defects in materials and workmanship and fit for their intended purpose; and
3. are free from design and other inherent defects.

b. Where any product does not comply with the warranties set out above, then you may be entitled to return the product and receive a refund, a product price reduction or have the products repaired or replaced at no cost to you. Please see the summary of your key legal rights below.

c. For some of our products we also offer an additional warranty, which will apply to those products in addition to the warranties set out above. Where an additional warranty applies to any product this will be made clear to you during the checkout process. If you are no longer able to bring a warranty claim in accordance with your statutory rights, in some circumstances you may still be able to bring a warranty claim under our additional warranty.

d. If you would like to make a warranty claim, whether in accordance with the statutory warranties set out in clause 11.1(a) above or any additional warranty, please contact us using the details in clause 17 (Contact Us) below using the words 'warranty portal' in the subject title or via our warranty portal. We will then contact you as necessary to process the warranty claim. If your warranty claim is valid and we require you to return the product to us, we will meet the costs of delivery.

11.2 Summary of your key legal rights

a. This is a summary of your key legal rights if you are a UK consumer. These are subject to certain exceptions. For detailed information on Your rights and what you should expect from us, you can visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

b. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of the product your legal rights entitle you to the following:

1. for up to 30 days from the date of delivery of the product: if the product is faulty, then you can get an immediate refund.
2. for up to six months from the date of delivery of the product: if the product cannot be repaired or replaced by us, then you may be entitled to a full refund or a partial refund.
3. for up to six years from the date of delivery of the product: you may be entitled to some money back if it is possible to show the product was faulty at the time of delivery.

c. See also clause 12 (Cancellation Rights) below on your rights to cancel.

11.3 Proof of purchase

a.Receipt

b.Invoice (order confirmations alone will not be accepted)

c.statement. Please ensure you retain your proof of purchase.

a. If you would like to return a product for any reason, you can view our full Returns Policy here where you will be able to lodge your return via our online returns portal

b. Returns for change of mind made in accordance with ABI’s Returns Policy are subject to any restrictions described in these Terms.

a. Nothing in these Terms exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other matter which it would be illegal for us to exclude or attempt to exclude our liability.

b. We are not liable to you for any loss of data; loss of profits; loss of goodwill; pure economic loss; corruption of data or information or business interruption nor for any indirect or consequential losses you incur arising out of in connection with these Terms.

c. Our total liability to you for all other losses arising under or in connection with these Terms and any products purchased from us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for the relevant products to which your loss relates.

a. We will use your personal information as set out in our Privacy Policy.

15.1 Intellectual Property

You may not use, amend or modify our trade marks or our intellectual property in anyway without our prior written consent.

15.2 Language

These Terms are only available in English. No other languages will apply to these Terms or any contracts.

15.3 Variation

We may change these Terms from time to time without notice and these changes will apply when you next purchase any products from us. We therefore advise that, even if you are a frequent purchaser from us, you check these Terms whenever you want to purchase products from us. None of our agents, employees or any third parties have any authority to change these Terms.

15.4 Assignment

a.You must not transfer any of your rights under these Terms, whether in whole or in part, to any other person without our prior written consent.

b.We may transfer any of our rights under any agreement entered into in accordance with these Terms to any person or ask any person to fulfil any aspect of it so long as the performance of the agreement is not affected.

15.5 Severance

If any provision of these terms and conditions is invalid, illegal or unenforceable, these t and conditions take effect (where possible) as if they did not include that provision.

15.6 Third Party Rights

Only you and us have any rights in respect of any agreement entered into in accordance with these terms and conditions. No other person shall have any rights.

15.7 Waiver

Any failure by a party to insist upon strict performance by the other of any provision in these terms and conditions will not be taken to be a waiver of any existing or future rights in relation to the provision. For example, if we delay in taking steps against you for any breach of these terms and conditions, it will not mean you have not breached the terms, nor will it prevent us from taking steps against you in respect of the breach at a later date.

a.These Terms shall be governed by and construed in accordance with the law of England and Wales.

b. You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

If you need to contact us for any reason, please do so by using the details provided below:
ABI International Ltd
316 Design Centre East
Chelsea Harbour, London, SW10 0XF
Telephone no: +44 2045 389222
Email address: [email protected]