1.2 The 'Buyer' shall mean any person, firm, company or organisation to which goods are sold by the Company.
1.3 The following terms and conditions apply to all transactions and an order will be deemed to be acceptance of such terms and conditions.
2. Basis of the Sale
2.1 Buyer orders and agrees to purchase, and the Company agrees to sell the Goods, subject to these Terms and Conditions.
2.2 No variation to these Terms shall be binding unless agreed in writing between the authorised representatives of Buyer and Seller.
2.3 Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by Seller in writing. In entering into the Contract Buyer acknowledges that it does not rely on any such representations, which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by Seller or its employees or agents to Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by Seller is followed or acted upon entirely at Buyer’s own risk, and accordingly Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5. Seller does not advise on suitability. No warranty, implied or explicit attaches to guidance we may give. Buyers must take independent advice on suitability for any given environment.
2.6 The Company at their discretion can provide estimates of Goods but this will be based on general guidance only and the Buyer should not rely on this estimate. It shall be the Buyers responsibility to ensure they have ordered the correct quantity of goods and the Company shall not be responsible for any shortfall or surpluses
2.7 Where Seller exports Goods unless the context otherwise requires, only term or expression which is defined in or given a particular meaning by the provision of Inco terms shall have the same meaning in these Terms, but if there is any conflict between the provisions of Inco terms and these Terms, the latter shall prevail.
3. Validity of Quotation
3.1 Unless previously amended or withdrawn, the Company's quotation is valid for 7 days only. The Company's quotation is not an offer but merely an invitation to the Buyer to make an order for Goods under these Conditions.
3.2 The Company reserves the right to change the Price by giving the Buyer notice at any time before delivery to reflect any increase in the cost of the Goods to the Company (any factors beyond the Company's control including foreign exchange fluctuations, alteration of duties, increase of the cost of transport and materials and such like).
3.3 If the Buyer receives a notice pursuant to change in the Price the Buyer shall be entitled to cancel the order without penalty by giving not less than 2 working days notice to the Company in Writing.
3.4 If an order which has been accepted by the Company is either cancelled or varied by the Buyer, then the Buyer shall be responsible to pay the Company any costs, losses, or expenses properly and reasonably incurred or suffered by the Company as a result of the cancellation or variation.
4.Prices and Terms of Payment
4.1.All prices published on our WEBSITE, BROCHURE and QUOTES are exclusive of ONLINE BUYERS. Prices might be not same or more expensive than ONLINE prices due to operational cost of the company for walk-in customers.
4.1 Prices are subject to alteration or withdrawal without notice.
4.2 Prices exckude VAT and delivery charges.
4.3 Orders can only be accepted subject to these Conditions and that Goods will be invoiced at Prices ruling on the date of payment.
4.4 Subject to any special terms agreed in writing between the Company and the Buyer the terms of payment are as follows:
4.5 For all orders, Payment must be received in full or payment must reach into the bank account of the Company (cleared funds) prior to dispatch of the order.
4.6 Liability for payment for Goods shall arise at the time of the order. If payment is not received prior to delivery the Company reserves the right to charge interest at the
rate of 1.5% per month on unpaid balances (whether before or after any judgment)
4.7 Special orders must be paid in full and once ordered are not retractable.
4.8 Any Goods purchased; clearance items or special offer are sold as seen and the onus is on the Buyers to satisfy themselves as to the quality at time of purchase. No refunds/exchanges will be available on these goods.
4.9 You can use only one discount coupon per cart i.e. you can't combine multiple coupons/codes.
5. Description and Samples
5.1 All drawings, descriptive matter, specifications and advertising issued by Seller and any descriptions or illustrations contained in Seller’s catalogues or brochures whether printed or posted on the internet are issued or published for the sole purpose of giving an approximate idea of the Goods described in them cannot be warranted by the Company.
5.2 Buyer acknowledges that Goods made from a natural resource will vary in shading, colour and texture and that manufactured Goods will vary in shading and colour from both samples and from separated manufactured batches. The sample is supplied within the Company's tolerance limits of size, texture and colour variation. The Company cannot guarantee to match shades of the samples presented or any previous orders supplied.
5.3 Travertine is a type of stone which is characterised by holes, craters and fissures in its structure. Along with solid bed adhesive fitting and back buttering of the tiles upon installation it is an expected feature to have to re-fill or back fill the holes which have been filled in on processing. This is not a tile failure but an expected and accepted element on which we will strictly not accept ANY claims.
5.4 The Buyer acknowledges that natural stone may be porous to some degree and should be sealed. The Buyer also acknowledges that some goods may easily be scratched and/or be subject to natural pitting/chipping.
5.5 The company strongly suggest that all tiles are blended before installation. The installer must have an understanding of blending requirements or special patterns as part of the skills.
5.6 Buyer should always consider wastage on each project before ordering, for instance minor damage to some stones which may occur in transportation or during site handling, site cutting and grading.
5.7 An order should always include an additional minimum 10-15% to allow for wastage to cover, cutting, minor imperfections, and breakage.
6.1 Delivery charges shall be paid by the Buyer and will vary dependent on size, weight and distance from the Company's warehouses / suppliers.
6.2 Any dates quoted for delivery of the Goods are approximate only and Seller shall not be liable for any delay in delivery of the Goods however caused. The Goods may be delivered by Seller in advance of the quoted delivery date on giving reasonable notice to Buyer.
6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Company to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated.
6.4 Delay due to circumstances outside the control of the Company shall not entitle the Buyer to cancel any order or refuse delivery.
6.5 Delivery will be to nearest kerb-side or hard standing by tail lift vehicle and manually operated pallet truck. We can not guarantee delivery can be made onto your drive.
Delivery can only be made to flat, level hard standing. Delivery company is unable to deliver onto roads that have an incline, are gravelled or grassed.The Driver will not handle the goods.
6.6 If Seller fails to deliver the Goods (or any instalment) for any reason other than any cause beyond Seller’s reasonable control or Buyer’s fault, and Seller is accordingly liable to Buyer, Seller’s liability shall be limited to the excess (if any) of the cost to Buyer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.7 The Buyer must make the Seller aware of access restrictions or other impediments for a large van/lorry and the Buyer must ensure a responsible person is at the Delivery Address at the time of the Delivery to supervise the off-load and sign for the goods.
6.8 Should Buyer fail to receive the delivery on the pre-arranged day then additional charges may be payable for re-delivery.
7. Examination, Reporting Damage and Acceptance
7.1 The Company takes care to ensure all Goods leave in good condition. All goods are dispatched with a plastic covering. If this plastic cover has been tampered with in any way, please do not accept the delivery of the Goods and report to the Company immediately.
7.2 Goods delivered to the Buyer must be checked immediately upon delivery and any damages /shortages / incorrect items must be recorded on the delivery note of the transportation company. Delivery note marked "unchecked" or failure to record damage will be deemed as acceptance as no damage and no shortage and Company will not accept any claim thereafter.
7.3. Take a digital high definition photo of the damaged items and forward to us with a written statement of damages within 24 hours as this will enable the Company to claim against the carrier.
7.4 If confirmed and accepted by the Company, shortages, damaged and incorrect deliveries notified to the Company, wherever possible will be remedied within a further 14 working days subject to availability.
7.5 The Company reserves right not to replace damaged tiles if the total amount is less than 5% of the total order.
7.6 The Buyer shall deem to have accepted the Goods, if the Goods have been fitted/fixed or attempted to fit/fix to a wall or floor.
8. Returns Policy
8.1 DAMAGE RETURNS
8.1.1 Baths, shower tray and shower enclosures/glass should be inspected at point of delivery and should be returned on the vehicle. Damages reported at a later date on these products will not be considered for collection or credit, except in extreme circumstances.
8.1.2 Items that are reported as damaged, that are found to have been fitted will not be collected or credited.
8.1.3 All other damages should be reported within 72 hours and a reference number retained for future use.
8.2 FAULTY RETURNS
8.2.1 All items that have been reported as faulty will not be collected unless full details of the fault have been identified.
8.2.2 Items collected, that have been reported as faulty, will be collected and evaluated by the manufacturer.
8.2.3 Items collected, that have been reported as faulty, will not have a credit issued until the manufacturer has evaluated the fault, and deemed that it is suitable for credit.
8.2.4 Items in an unhygienic condition to collect will require a photograph to be taken which will be sent to the manufacturer to be evaluated for credit.
8.2.5 Fitted items that are found to be faulty, in the first instance you must contact our Customer Services Department, please do not attempt to remove the item before advised to do so, a case file will be raised and sent to the manufacturer for evaluation for credit.
8.3.1 All shortages must be reported within 24 hours of delivery to be considered for credit, then using CCTV technology in our warehouse and on our vehicles, we will investigate before any credit will be issued.
8.4 NOT REQUIRED ITEMS
8.4.1 Items that are reported as not required can be collected for credit providing:
8.4.2 Items are in the original packaging and are in 100% re-saleable condition. Please note products will not be collected for credit if the packaging has been defaced in anyway.
8.4.3 Items are returned within 7 days.
8.4.4 Items returned after 7 days will automatically incur a 30% re-stocking charge.
8.4.5 Items requested for collection after 30 days will not be only be considered for credit.
8.4.6 Special order items will not be considered for collection or credit.
8.4.7 Delivery and collection fee will be charged to the client for the return items.
8.5 OTHER REASONS FOR RETURN
8.5.1 Items returned for any other reason must be in the original packaging and in 100% re-saleable condition for full credit to be issued and collection requested within 7 days.
8.6 Each collection that is made must have a valid Return number, which relates to the item being collected, with the correct invoice/delivery note number quoted. Items that are returned using incorrect or duplicated paperwork or that have no valid paperwork will not be considered for credit and may be returned to you.
8.7 All collection requests are to be made via our customer services department on 01799 550756 or by emailing [email protected]
8.8 Please be aware that our drivers or collection agencies have the right to refuse to collect anything that does not meet the criteria set out above, anything that they do not have paperwork for, or that they feel is an unsanitary condition to handle.
8.9.1 The company makes every effort to ensure that deliveries are scheduled on time. However, we will not accept any liability for loss, injury, damage or expenses resulting from any delay in delivery.
8.9.2 Please ensure that all required products have been delivered in perfect condition, before arranging installation.
8.10 HEALTH & SAFETY
8.10.1 If a customer wishes to return a faulty item which has been used, we must insist they do so in a hygienic way; all used items need to be covered and packed to avoid the spread of germs. It should be noted that our drivers have the right to refuse to collect goods not fully and hygienically packaged.
8.10.2 Every effort has been made to ensure the accuracy of all information. We must however reserve the right to amend details without notice.
9. Risk and Liability
9.1 Risk of damage to or loss of the Goods shall pass to the Buyer upon delivery.
9.2 Notwithstanding delivery and the passing of risk in the Goods, or any provision of these Conditions, the ownership in the Goods shall not pass to the Buyer until the Company has received full payment or by way of cleared funds in full of the Price of the Goods.
9.3 Seller shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by Buyer; Seller shall be under no liability in respect of any defect arising from wilful damage, negligence, abnormal storage conditions, failure to follow Seller’s instructions (whether oral or in Writing), misuse or alteration or repair of the Goods without Seller’s approval;
9.4. Seller shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the total price for the Goods has not been paid by the due date for payment.
9.5 The Company accepts no liability for consequential loss or damage to property, which is attributed to the failure of the goods supplied whether due to accident, abuse, and incorrect technical assessment by the Company; In any event the Company's maximum liability in all cases shall be limited to the invoice value of the Goods supplied.
9.6 The Seller gives no undertaking that the Goods supplied are fit for any particular purpose and the Buyer having greater knowledge of their own requirements relies entirely on their own skill and judgement in evaluating the suitability of the goods for the purpose.
9.7 A claim by Buyer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by Buyer) be notified to Seller within 48 hours from the time of delivery. If delivery is not refused, and Buyer does not notify Seller accordingly, Buyer shall not be entitled to reject the Goods and Seller shall have no liability for such defect or failure, and Buyer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
9.8 Where the Goods have started to be fitted, or have been fitted in the majority or totality this is deemed as acceptance of the product supplied and no claims will be accepted.
9.9 The Buyer acknowledges that it places no reliance whatsoever on any advice given by the seller in relation to the suitability, fixing or other installation of the goods.
10.1 Whether or not the Buyer has signed and returned a copy of this document, all quotations are given and all orders are accepted by the Seller exclusively on these terms and conditions.
10.2 The Seller only supplied the Goods and does not provide any services for the installing of the Goods. The installation of the Goods is the responsibility of the Buyer.
10.3 A notice required or permitted to be given by either party to the other under these Terms shall be in Writing addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
10.4 No waiver by Stonetilemarket.com or any breach of the contract by the Customer shall be considered as a waiver of any subsequently breach of the same or any other provision.
10.5 If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.
10.6 Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Association, in accordance with the rules of the Association.
10.7 The Contract shall be governed by the laws of England, and Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
11. Online Payment
The following Credit/Debit Cards are acceptable methods of payment online: UK Domestic Maestro, Visa Debit, Visa Electron, Visa Credit, Mastercard Debit, Mastercard Credit. Our Terms are payment in full upon placing the order. Our online Merchant, performs in the following way: each transaction requires CVV2/CVC2 verification; it accepts only 3D secure transactions; all credit card information is given over a secure page; merchant is responsible for the website transaction.