TERMS AND CONDITIONS
In these terms and conditions, the “Seller”, “we or our” means Tesoro Nero Limited.
The “customer”, “you” or “your” means the Buyer.
The “Goods” means the goods to be purchased by the Buyer from the Seller on the Terms and Conditions listed below.
1. All Goods will comply with industry standards.
2. The Seller acknowledges receipt of the Deposit from the Buyer
3. The Seller will advise the Buyer of the Delivery Date in due course.
4. The Buyer will pay the Balance Outstanding a minimum of 7 working days prior to the Delivery Date.
5. DELIVERY OF GOODS
5.1 Delivery Times (Mainland UK Orders)
5.1.1 Whilst we will use our reasonable endeavours to deliver the Goods in the timescale advised to you, unexpected delays may occur in the supply chain and therefore we cannot guarantee that this timescale will be met.
5.1.2 Following the placement of an order it will be scheduled for delivery by the Transport Department. The Transport Department will then notify the customer of the approximate delivery week. The Transport Department will again contact the customer to advise of the exact day of delivery and wherever possible the exact half day.
5.1.3 If a notified delivery week or day is put back at the customer’s request we will endeavour to reschedule the delivery to the soonest date. The timescale for the new delivery will depend upon transport availability and the full quoted delivery time prevailing may be applicable.
5.2 Delivery Process (Mainland UK Orders)
5.2.1 The Goods will be delivered into the room that you have selected. Good clear access should be provided from the outside of the property into the room prior to the delivery team’s arrival. All ornaments, pictures and furniture items that could restrict the delivery process should be removed.
5.2.2 Floor coverings should be protected prior to the delivery where necessary in order to withstand use by outdoor footwear. Health and safety regulations dictate that the delivery team must wear the appropriate footwear at all times.
5.2.3 The dimensions of the Goods quoted in our sales literature in all published formats are a guide only. There can be minor variations in the dimensions of the finished Goods due to the handmade nature of the products. If you are in any doubt as to whether access is going to be adequate, we advise you to speak to a member of our sales team.
5.2.4 To assist you with the positioning of Goods, paper cut outs of our standard models are available from us upon request. If you are in any doubt as to whether access is going to be adequate, we advise you to speak to a member of our sales team. If items are delivered without a prior access discussion and it is found that they will not go into the property then an additional delivery charge will be made for the re delivery.
5.2.5 If after assessing the access into the property, the delivery team conclude that the Goods can be delivered but not without coming into contact with walls, woodwork, etc. the delivery can be rearranged until alternate access can be provided, or by signing a disclaimer, the delivery team can proceed with the delivery.
5.2.6 In the event of any damage being caused during the delivery process, the delivery team must be made aware of any damage before they leave.
5.2.7 The delivery team will give enough time for you to inspect the items to your satisfaction and then ask you to sign a receipt for the Goods stating that they have been received in good condition. It is important that you inspect the Goods thoroughly as we cannot accept responsibility for cosmetic / superficial damage reported after delivery.
5.2.8 Please note that all of the above points also apply to any visit to your home by any Tesoro Nero staff for whatever reason.
5.3 Delivery Costs (Mainland UK Orders)
5.3.1 The charge for a Standard Delivery is as shown on the invoice.
5.3.2 A Standard Delivery is a delivery made Monday to Friday to a ground floor room at an address in mainland UK.
5.3.3 Deliveries to remote regions may incur an additional delivery charge which will be advised on the invoice.
5.3.4 Deliveries that are not through a door at ground floor level and/or which involve the use of winches or similar equipment or are through windows or across terraces will incur additional charges to be agreed before delivery.
5.4 Delivery Process & Costs (Export)
5.4.1 International shipping can be arranged by the customer or we will arrange on the customers behalf.
5.4.2 Packaging suitable for export is compulsory and will be made especially to fit the items.
5.4.3 Insurance for damage to or loss of the items in transit is compulsory.
5.4.4 Acceptance of a specific shipping quotation, insurance and packaging cost must be confirmed by the customer in writing prior to the manufacture of the Goods.
5.4.5 Delivery by the shipper will be to either the "customer’s address” or "docks only” whichever is specified on the original quotation.
5.4.6 "Customer’s address” deliveries should be treated as a kerbside delivery and the customer must arrange for the items to be unpacked and placed in the property concerned. Disposal of the packaging is the responsibility of the customer.
5.4.7 "Docks only” deliveries are delivered to the docks or port only prior to clearing customs.
5.4.8 Customers full contact details will be provided to the shipper who should then be the customers’ first point of contact for the progress of the shipment.
5.4.9 In the event you receive a damaged consignment you must write on the delivery note that the packaging is damaged and also if possible take a photograph. If on opening the consignment the Goods inside are found to be damaged, please photograph the item whilst in the packaging. All instances of damage must be reported by email within 24 hours of delivery.
5.4.10 In the event of any damage being caused during the delivery process, the delivery team must be made aware of any damage before they leave.
5.4.11 For the purpose of any returns, if the Goods were originally delivered in specialist packaging then this should be retained for the same use at collection. If not available and new packaging has to be sourced then this will be at the cost of the customer.
6.1 Sales (UK Mainland Only)
6.1.1 Payment of the appropriate deposit amount as shown on the confirmation of the order must have been received in cleared funds prior to the order being processed for delivery. For standard orders this is 50% of the order value. A 40% non-refundable deposit is required for bespoke and designer piano orders.
6.1.2 The balance payment is due a minimum of 7 working days prior to delivery.
6.1.3 Payments can only be made with Credit or Debit Cards which are registered at the delivery address.
6.2 Sales (Export Only)
6.2.1 For standard items a deposit of 50% is payable by bank transfer prior to the order being processed for delivery A 25% non-refundable deposit is required for bespoke orders.
6.2.2 The balance payment is due when the items are ready for despatch and must be made by bank transfer prior to the items leaving the Tesoro Nero warehouse premises.
7. SPECIFICATION AND QUALITY
7.1.1 Goods are manufactured to be within reasonable commercial standards of tolerances for Goods of their type and there can be minor variations in the dimensions of the finished Goods as compared to any dimensions given in sales literature. We therefore allow a 4cm or 3% tolerance, whichever is greater.
7.2 Quality & Care
7.2.1 Each of the items that we produce is individually hand made. There can be minor variations in colour, size and appearance between the Goods and items displayed in our showroom, in our advertising literature, on our web site and in our advertisements.
7.3.2 We reserve the right without affecting our liabilities to you to make minor technical changes to the specification of Goods, provided that the changes do not materially affect the use, quality, appearance or performance of the Goods. There will be no price adjustment on account of specification changes.
8.1 We are prepared to accept the return of Goods that are not faulty, in new condition and are otherwise in conformity with the contract under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 subject to the following conditions.
8.2 If you wish to return non-faulty Goods, you must notify us within 14 days of delivery, by email at email@example.com or by telephone on 01704 500144 or by letter to Tesoro Nero Ltd, Hesketh Mount, 92 Lord Street, Southport PR8 1 JR.
8.3 The goods must not have been personalised to your requirements. A personalised order is one which has been made especially for the customer and which does not feature as a standard item within our website or sales literature.
8.4 In the case of a refund, for UK mainland deliveries, we will arrange to collect the Goods and refund the total price paid for the Goods together with the cost of delivery. We will arrange to have the Goods collected, but you will be liable for the cost of that collection. In the case of a Mainland UK collection this cost will be equal to that of the original delivery. If the delivery was free the collection charge will be equal to our standard delivery charge for the Goods purchased. In the case of an export collection, you will be liable for the cost of that collection. The cost to collect will depend upon the most cost effective quotation from a suitable shipper and may be more than the original delivery cost.
8.5 If the goods were originally delivered in specialist packaging then this should be retained for the same use at collection. If not available and new packaging has to be sourced then this will be at the cost of the customer.
8.6 The Goods must be accessible to the delivery team. Tesoro Nero Limited will not be liable for costs incurred where normal access was not possible.
8.7 Any costs attributable to the customer will be deducted from the full refunded amount.
8.8 If a personalised order is cancelled prior to delivery, we reserve the right to withhold some or all monies already paid to cover any costs incurred up to that point.
8.9 In instances where we are providing a paid repair service. You have the right to cancel this service up to the agreed collection or home visit date, which would normally be more than 14 days from when the service was requested. Unless you specifically agree to an earlier date.
9. WARRANTES / PAID REPAIR SERVICE
9.1 Our Goods are guaranteed against faulty materials and workmanship, allowing for fair wear and tear for a period of 2 years from the date of receipt. 5.2 Components supplied by the customer are not covered by our guarantees and the customer should ensure that they are fit for purpose.
9.2 Our warranties are provided for domestic end users only. Goods purchased for commercial use are covered by a 1 year warranty. It is the responsibility of the business to ensure that the products purchased meet the standards required for the environment in which they will be used.
9.3 Where the Goods are pianos, our warranties are subject to the customer adhering to the following care instructions:
9.3.1 Customers should ensure that the piano is professionally tuned, initially four months from the date of delivery and thereafter a minimum of once annually.
9.3.2 Pianos are not to be placed in close proximity to any direct heat source.
9.3.3 If a piano is required to be moved or repositioned, the customer should ensure that a professional piano mover is employed for this purpose.
9.4 As a consumer you have certain rights regarding defective Goods and this guarantee is given in addition to and not in substitution of your statutory rights.
9.5 During and after your guarantee you can purchase replacements parts for your Goods. Such additional purchases are guaranteed for 12 months.
9.6 Your guarantee does not cover deliberate damage, misuse, wear and tear or damage caused due to a failure to maintain the product with use of recommended care products.
9.7 Any required remedial work will be carried out by an expert technician either within our factory or contracted by us. The arrangements to collect and return will be planned with our standard transport schedules. The Goods must be accessible to the delivery team. Tesoro Nero Limited will not be liable for costs incurred where normal access was not possible.
10. TITLE TO GOODS
10.1 You acknowledge that before placing your order you represented and warranted to us that you are not insolvent and have not committed any act of bankruptcy, or, being a company with limited or unlimited liability, know of no circumstances which would entitle any debenture holder or creditor to appoint a receiver, to petition for your winding up or exercise any other rights over or against your assets.
10.2 Title in the Goods shall pass upon payment of the whole of the price of all the Goods in the order (including any Interest accrued on the price) and until then all the Goods shall be and remain our sole and absolute property as legal and beneficial owner.
10.3 Until title passes in accordance with conditions in 11.2, you will be in possession of the Goods solely as the bailee of the company.
10.4 Until title in the Goods has passed in accordance with condition 11.2 you will not remove alter or deface any identification sign mark label or serial number of ours.
10.5 If you sell on our Goods before title in them has passed from us, the entire proceeds of sale of the Goods shall be held by you on trust for us and placed in a separate account identified as our monies and until you receive such sale proceeds you shall hold on trust for us your rights against the person to whom the Goods were sold and will assign those rights to us on request.
11. RISK AND INSURANCE
11.1 Goods supplied by us shall be at your sole risk as soon as they are delivered to the delivery address and it shall be your responsibility at your own cost to insure the Goods in their full reinstatement value against all usual risks and to properly keep them until title has passed.
12.1 If you are a consumer, nothing in these terms and conditions shall exclude or purport to exclude your statutory rights arising from dealing with us as a consumer.
As of the 25th of May 2018, The General Data Protection Regulations mean that you have greater control over how your data is used and kept. We aim to be as transparent as possible when it comes to your data, Tesoro Nero Ltd will never pass on your details for other companies to contact you. This protects you from receiving unwanted post, emails and telephone calls.
We will only use the information that we collect about you lawfully in accordance with the EU General Data Protection Regulations (GDPR), Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
15.1 The websites on which these terms and conditions appear are the websites of Tesoro Nero Ltd. Commercial reproduction, distribution or transmission of any part or parts of the website or any information contained therein by any means whatsoever without the prior written permission of Tesoro Nero Ltd is not permitted. The website and all intellectual property rights in its design, text, graphics and the selection and arrangement thereof belong to Tesoro Nero Ltd or its licensors. The trade marks, logos and trade names on the website belong to Tesoro Nero Ltd.
15.1 Each of our remedies is a separate remedy and operates without prejudice to any other remedy.
15.2 Any payment or reimbursement to be made by you under our contract with you or under these Terms and Conditions shall bear interest (both before and after judgment) from the date the payment or reimbursement fell due until payment is made. Interest is at the rate 4% above the base rate from time to time of Barclays Bank plc.
15.3 Any notice agreement approval or decision of ours under these Terms and Conditions shall be in writing and no person dealing with or handling the Goods or providing services other than us has any right or authority to bind us in any way or to assume on our behalf any obligation express or implied.
15.4 Each of these Terms and Conditions shall be severable and distinct from one another and if one or more of such provisions is invalid or unenforceable the remaining Terms and Conditions shall not in any way be affected.
15.5 None of these terms and conditions affects your statutory rights and in case of conflict between these terms and conditions and your statutory rights, your statutory rights will prevail.
15.6 If you are two or more persons then your obligations shall be joint and several.
15.7 Any failure by us to enforce any of the Terms and Conditions or any delay in enforcing them shall not constitute a waiver of those Terms and Conditions.
15.8 We and you agree that persons who are not parties to the contract we make with you shall not be entitled by virtue of the Contracts (Rights of Third Parties) Act 1999 to the benefit of the contract or be entitled to enforce any of its terms.
15.9 These Terms and Conditions shall be governed by and construed in accordance with UK law and you hereby submit to the non-exclusive jurisdiction of the UK Courts.