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AGREED TERMS

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1. About us

   • Company details. EcoTextura LTD (company number 12314985) (we, us, our), is a company registered in England and Wales and our registered office is at 74 Faraday Drive, Milton Keynes, MK5 7HQ, England, UK. Our main trading and contact address is EcoTextura Ltd, Unit 30 Chancerygate Business Centre, 52 Goulds Close, Denbigh Road West, Milton Keynes, Buckinghamshire, MK1 1EQ, England, UK. Our VAT number is 352588672. We operate the website https://ecotextura.com.

   • Contacting us. Please contact our customer service team via email info@ecotextura.com. How to give us formal notice of any matter under the Contract is set out in clause 2.

2. Our contract with you

   • Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.

   • Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. As a business user of our website, you acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.

   • These Terms and the Contract are made only in the English language.

   • Your copy. You should print a copy of these Terms or save them to your computer for future reference.

3. Placing an order and its acceptance

   • Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.

   • Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order and any specification submitted by you is complete and accurate.

   • Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it containing your unique order number, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.

   • Accepting your order. You will receive a Shipping Confirmation email from us which means we will arrange for the dispatch of your order.

   • If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order.

4. Our goods

   • The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Goods. The colour of your Goods may vary slightly from those images.

   • Although we have made every effort to be as accurate as possible, we have provided sizing information for each product together with an online web-chat facility to discuss any specific issues or questions you may have, and always check the current information listed on the product description page. It is standard practice in the industry to allow a degree of tolerance in sizing and the extent of that tolerance may differ from product to product.

   • The packaging of your Goods may vary from that shown on images on our site.

5. Delivery, transfer of risk and title

   • In most cases, as stated with the order and delivery method, we will contact you with delivery tracking details. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 10 (Events outside our control) for our responsibilities when this happens.

   • Delivery is complete once the Goods have been delivered at the address for delivery set out in your order and the Goods will be at your risk from that time.

   • You own the Goods once we have received payment in full, including of all applicable delivery charges.

   • You may use the Goods in the ordinary course of its business (but not otherwise) before we receive payment for the Goods.

   • At any time before title to the Goods passes to you, we:

     • may by notice in writing, terminate your right under clause 4 to use the Goods in the ordinary course of your business; and

     • require that you deliver up all Goods in your possession and if you fail to do so promptly, enter any of your premises or of any third party where the Goods are stored in order to recover them.

   • If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of goods.

   • If you fail to take collection within 10 days after the day on which we notified you that the Goods were ready for collection, we may resell part of, or all the Goods and after deducting any reasonable storage and selling costs, account to you for any excess over the price of the Goods or charge you for any shortfall below the price of the Goods.

6. Price of goods and delivery charges

   • The prices of the Goods will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system. 

   • Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.

   • The price of Goods includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.

   • The price of the Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page.

   • We sell a large number of Goods through our site. It is always possible that, despite our best efforts, some of the Goods on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

     • where the Goods’ correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Goods to you; and

     • if the Goods’ correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. However, if we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.

7. How to pay

   • You can only pay for Goods using a debit card or credit card or by Paypal.

   • Payment for the Goods and all applicable delivery charges is in advance unless you are a Credit Account Customer. We require payment by your debit card or credit card before we dispatch your Goods.

   • Credit Account Customers must pay the full price as detailed on the sales invoice no later than the end of the calendar month immediately following the month in which delivery is made.

   • If you fail to make a payment when due under this contract, then, without limiting our remedies under this contract you shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment at a rate of 3% per month.

   • You agree to pay on a full indemnity basis any costs incurred by us in connection with recovering any overdue or unpaid amounts due under this contract or in recovering the return of any Goods, whether incurred prior to legal proceedings being commences or as a result of legal proceedings.

   • In addition to the rights set out elsewhere in the agreement and without limiting our remedies, in respect of any payment which becomes overdue we reserve the right to:

     • demand payment of all amounts on a Credit Account Customer’s account and not just the overdue amounts;

     • withdraw any discounts applied to the Credit Account Customer’s account; and

     • suspend the Credit Account Customer’s access to the credit account for such period of time as we determine in our absolute discretion.

8. Our warranty for the goods, refund and returns policy

   • Due to the nature of our products and for hygiene reasons we do not except any refunds or returns.

   • Some of the Goods we sell to you come with a manufacturer’s guarantee. For details of the applicable terms and conditions, please refer to the manufacturer’s guarantee provided with the Goods

   • The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.

   • We provide a warranty that on delivery, the Goods shall:

     • subject to clause 3, conform in all material respects with their description;

     • be free from material defects in design, material and workmanship.

   • Subject to clause 5, if:

     • you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 3;

     • we are given a reasonable opportunity of examining the Goods and

     • if we ask you to do so, you return the Goods to us at your cost, we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full. 

• We will not be liable for breach of the warranty set out in clause 3 if:

  • you make any further use of the Goods after giving notice to us under clause 4;

  • the defect arises as a result of us following any drawing, design or specification supplied by you;

  • you alter or repair the Goods without our written consent;

  • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or

  • the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.

• Any shortfall in the delivery of the Goods should be notified to us within 3 days of the delivery.

• We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 3 to the extent set out in this clause 8.

• The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Contract.

• These Terms also apply to any repaired or replacement Goods supplied by us to you.

9. Our liability: your attention is particularly drawn to this clause

• References to liability in this clause 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.

• We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.

• Nothing in these Terms limits or excludes our liability for:

  • death or personal injury caused by our negligence;

  • fraud or fraudulent misrepresentation;

  • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

  • any other liability that cannot be limited or excluded by law.

• Subject to clause 3, we will under no circumstances be liable to you for:

  • any loss of profits, sales, business, or revenue; or

  • loss of business opportunity;or

  • loss of anticipated savings;or

  • loss of goodwill; or

  • any indirect or consequential loss.

• Subject to clause 3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the price of the Goods.

• Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.

10. Events outside our control

• We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).

• If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:

  • we will contact you as soon as reasonably possible to notify you; and

  • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

• You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 Business Days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.

1. Communications between us

   • When we refer to “in writing” in these Terms, this includes email.

   • Any notice or other communication given by one of us to the other under or in connection with the Contract must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email.

   • A notice or other communication is deemed to have been received:

     • if delivered personally, on signature of a delivery receipt;

     • if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or

     • if sent by email, at 9.00 am the next working day after transmission.

   • 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 email, that such email was sent to the specified email address of the addressee.

   • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

11. General

• Assignment and transfer.

  • We may assign or transfer our rights and obligations under the Contract to another entity.

  • You may only assign or transfer your rights or your obligations under the Contract to another person if we agree in writing.

• Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).

• If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.

• Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

• Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.

• Governing law and jurisdiction. This Contract is governed by English law and each party irrevocably agrees to submit all disputes arising out of or in connection with this Contract to the exclusive jurisdiction of the English courts.

Terms & Conditions, Agreed Terms, have been created esplicitlu for use by EcoTextura Ltd. 

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In stock Availability Explained

Due to the dynamic nature of stocks constantly selling, being replenished and received daily from suppliers, or available for delivery direct from the manufacturer – notwithstanding Covid-19 complications – we do not guarantee products showing ‘in stock’ will be. Accurate and latest stock count will be given when order is placed. 

We make every effort to explain this throughout the website and provide real-time Live Chat support to answer stock availability questions. As well as email and phone queries which we deal with promptly.

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Delivery Options: standard courier delivery

Shipping costs are automatically applied based on your postcode. The TNT courier standard delivery and exemptions to standard UK delivery are detailed below:

• Standard UK address delivery: free of charge shipping over £60 including – orders under charged at just £3.99

• Non-Standard UK address delivery: free of charge shipping over £200 nett of vat – orders under charged at £20.00 

* Please note: Next working day delivery is our standard service to standard a UK address, at no extra cost. Though next working day is not guaranteed unless paid for as an additional extra. We do not operate weekends and therefore orders placed after 2pm Friday, and over the weekend, will be dispatched Monday (if items are in stock).

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Deliveries from stock are next working day if ordered by 1.00pm although this is not guaranteed. As with most all businesses during Covid-19 crisis we do experience high peaks of demand in warehouse activities and therefore delivery can be delayed. However, we deliver over 95% of all orders next day and will always do our very best to achieve dispatch.

Delivery Options: part order delivery

Part Orders will not be shipped until complete. An explanation of why follows: if order is placed for items ‘available to pre-order‘, or items marked as ‘in stock‘ but not showing ‘live stock‘, this means the items may be due in stock, will need to be ordered from our manufacturing facility, or items can be ordered from our manufacturing facilities on an ongoing basis.

Next day delivery is not guaranteed unless paid for as an additional extra. You can choose guaranteed next day – and timed next day – by contacting us direct. And we recommend a cut-off of 1pm at latest for best results on next day and timed deliveries.

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Terms of Use

This website is offered as a free service to you. Your use of this website constitutes your agreement to all the terms of use contained in this document and the Privacy Policy.

1. The information that is made available on this website is intended for general information purposes only and is provided on an ‘as is’ basis without any warranties of any kind. Neither we, nor any of our associated Companies, accept any liability for any loss arising as a result of reliance on the information contained on this website.

2. This website is owned by EcoTextura Ltd and is protected by copyright and database rights. You acknowledge that all trademarks (registered or unregistered) used in providing this service shall remain the property of EcoTextura Ltd at all times.

3. You shall not copy, adapt, exploit or otherwise use the information contained on this website in any way, save for the downloading and temporary storage of one or more of these pages for the purpose of viewing on a personal computer or terminal, provided that you do not delete any copyright and other proprietary notices contained therein.

4. We may make improvements or changes to the products, services and prices detailed on this website at any time without notice.

5. Whilst we retain the right to establish any hypertext links* between this website and any third party website at our discretion, you agree that you will not create any hypertext links or deep links** between this website site and any third party site without our express written consent.

6. If you choose to use such a link as detailed in Clause 7 then you will leave this website. Once you leave this website, whether or not you realise that you are leaving, we are no longer in any way responsible for the material on the other website that you enter. We exclude to the fullest extent permitted by law all liability that may arise in connection with or as a result of such external website material causing any damage, costs, injury of financial loss of any kind.

7. You must not disclose to or allow any other person to use your user name and password.

8. If you lose, forget or misplace your user name and/or password then we are under no obligation to reissue you with this information.

9. Commit or encourage any criminal offence, including but not limited to harming a minor in any way and stalking or harassing another.

10. Send or receive any material which is offensive, or which may be abusive, indecent, obscene or menacing, or in breach of confidence, copyright, privacy or any other rights. In the event we believe any material falls within any or all of these categories we shall be entitled to remove it.

11. Collect or store personal data about other users.

12. Insert or knowingly or recklessly transmit or distribute a virus, worm, trojan horse, time bomb, trap door or any other computer code, files or programs or repetitive requests designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of or impair the functionality of this website.

13. Upload, post, e-mail or otherwise transmit or post links to any content that facilitates hacking.

14. Hack into any aspect of this website.

15. Upload, post, e-mail or otherwise transmit links to any content that infringes the intellectual property rights of any third party.

16. Circumvent, or attempt to seek to circumvent, any of the security safeguards of this website.

17. Cause annoyance to other people accessing this website.

18. Send any unsolicited advertising or other promotional material, commonly referred to as ‘spam‘, ‘junk mail‘, ‘chain letters‘, ‘pyramid schemes‘ or any other form of solicitation by e-mail or by any other electronic means.

19. Send e-mail or any other type of electronic message with the intention or result of affecting the performance or functionality of any computer facilities.

20. Permit any third party to do any of the above.

21. While we try and ensure that all information on this website is accurate and up to date, errors may occur and we accept no liability for such errors. If we discover an error we will amend the website as soon as reasonably possible.

22. We neither warrant nor represent that your use of this website will not infringe the rights of third parties.

23. We are interested in protecting your personal information and we only use your personal information in accordance with our Privacy Policy.

24. You have sole responsibility for adequate protection and backup of data and/or equipment used by you in connection with this website and will not make a claim against EcoTextura Ltd for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of such materials.

25. We may edit this policy from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our pages.

26. EcoTextura Ltd reserves the right to refuse access to this website or any component of it. EcoTextura Ltd may at any time, at the discretion of the site‘s management, refuse access to certain areas of this website to any individual it chooses – this refusal of access may take whatever form the management deem suitable.

27. These terms shall be governed by and construed in accordance with English law and subject to the exclusive jurisdiction of the English Courts. If you have any queries regarding this website or the information contained on it please contact us by email on info@ecotextura.com.

28. This site is controlled and operated by EcoTextura Ltd from the United Kingdom. EcoTextura Ltd makes no representations that materials in this website are appropriate or available for use in other locations. Those who choose to access this website from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable. No material from this website may be downloaded, exported or re-exported into (or to a national or resident of) any countries that are subject to UK exporting restrictions/legal or socio-economic sanctions.