YOUR ATTENTION IS IN PARTICULAR DRAWN TO THE PROVISIONS OF CLAUSE 16.
These terms, together with any documents referred to in them, tell you information about us and the legal terms and conditions (Terms) on which we sell any of our goods (Goods) to you, including those listed on our website https://mrs-stone-store.com (Our Site).
These Terms will apply to any contract between us for the sale of Goods to you (Contract). It is important that you read these Terms carefully and make sure that you understand them, before ordering any Goods.
By ordering Goods you are agreeing to be bound by these Terms and accept that they shall govern all transactions between us, to the exclusion of any other terms and conditions.
If you wish to proceed with the purchase of any Goods, we recommended that you save a copy of these Terms for future reference.
We may amend these Terms from time to time as set out in clause 8.
Every time you wish to order Goods, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 We operate the website https://mrs-stone-store.com. We are Trade Price Stone Limited, a company registered in England and Wales under company number 05928094. Our registered office is at Unit 38 C & D Marchington Industrial Estate, Stubby Lane, Marchington, Uttoxeter, Staffordshire ST14 8LP and our VAT number is GB919 8029 94.
2. BASIS OF CONTRACT
Clause 2.1 only applies if you are a consumer.
2.1 If you are a consumer, you may only purchase Goods if you are at least 18 years old and are legally capable of entering into binding contracts.
Clauses 2.2 - 2.5 only apply if you are a business.
2.2 You confirm that you have authority to bind any business on whose behalf you purchase Goods.
2.3 These Terms and any document referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter.
2.4 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them.
2.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
3. OUR GOODS
3.1 Any descriptions or images of the Goods on Our Site, or in any printed promotional materials, are for illustrative purposes only. If ordering from Our Site, we cannot guarantee that your computer's display of the colours and textures, accurately reflect the colours and textures of the Goods.
3.2 The majority of the Goods we sell are natural, geological products and variations in colour, markings, form, texture and size should be expected. Variations can exist in crystalline composition, veining, fossil deposits and mineral activity and no Goods are claimed to be exact replicas of images or samples. We recommend that you view as much of the Goods as possible before entering a Contract with us.
3.3 Any samples of Goods are for giving an approximate representation of the Goods only. All samples have been prepared to a presentation standard and allowed to dry.
3.4 Although we make every effort to be as accurate as possible, our Goods are supplied under a variety of industry-accepted size-tolerances and all dimensions and measurements indicated have a tolerance of up to 5mm. To minimise variations in finish and tolerance, we recommend that Goods are selected from a variety of boxes.
3.5 Please bear in mind that natural stone tiles may be subject to natural chipping and pitting and may be easily scratched. You must handle Goods correctly to prevent damage and store them vertically (on their edge) on a non-abrasive surface.
3.6 Details about how to care for Goods are contained on Our Site at mrs-stone-store.com/downloads/care-booklet-2016.pdf, we recommend that you read these carefully. All advice is given in good faith and is intended for general guidance only.
3.8 In agreeing to sell Goods to you, we make no guarantee as to the suitability of those Goods to the specific installation you have in mind and give no warranty that the Goods can be used in any given environment. You should seek professional advice in relation to the fixing, installation and care of the Goods, and engage an experienced, 'British Standards 5385, part 1 & 5' 'British Standards 5385' qualified tiler (or other suitable contractor) for the preparation and installation of our Goods.
3.9 We will not be liable to you for lost working time or the cost of third party contractors, or any other consequential loss, where you (or your contractor) fail to install the Goods correctly or fail to use the correct base, adhesive, grout or sealants or fail to use the correct installation techniques or the Goods are fixed in an unsuitable environment.
4. ORDERING OUR GOODS
4.1 When ordering Goods you are responsible for ensuring that the information you provide us with is correct. If ordering Goods from Our Site, you will be given the opportunity to amend any errors before submitting your order.
4.2 If ordering Goods via the Our Site, the maximum order will accept is 99 square metres of Goods.
4.3 If requested, we may provide an estimate of the quantity of Goods you may need for a project before you order, based on the information and measurements you provide us with. However, you should seek independent, professional advice before ordering as (subject to these Terms) we will not be responsible for any surplus or shortfall of Goods ordered.
4.4 Given the fragile nature of the Goods, industry practice recommends that you include an additional 10% of Goods to your order to allow for wastage due to minor damage (such as edge chipping during the packing and unpacking of the stone) minor imperfections, and damage that may be caused from cutting during the fitting process. Tiles affected in this way can often be utilised for ‘cuts’ during installation and/or for future repairs.
4.5 If you are a business, we will not replace or refund damaged Goods constituting less than 10% of the total order.
4.6 Please be aware that if you order too few Goods in any one consignment, any subsequent Goods ordered may be different in finish, shade, pattern and tolerance and the delivery of a few extra tiles may, in some cases, be as much as the original delivery costs.
4.7 The majority of our Goods are imported from abroad, often by way of container shipment and stock levels may subsequently be affected by reasons beyond our control. Occasionally, this may lead to a delay in the availability and delivery of Goods ordered. In such circumstances we will notify you as soon as possible.
5. HOW WE USE YOUR PERSONAL INFORMATION
5.1 During the order process you will be required to provide personal information including, but not limited to, your name, billing address, email address, delivery address, telephone number and payment details.
6. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
6.1 If you order Goods from Our Site, our shopping pages will guide you through the steps you need to take to place an order with us. Please take the time to read and check your order at each page of the order process.
6.2 On receipt of an order (howsoever made) we may issue an 'acknowledgement of order', by automated email or otherwise. This is intended only to confirm that an order has been received and is not confirmation that the order has been accepted. Our acceptance of your order will take place as described in clause 6.3.
6.3 For all orders (howsoever made) we will confirm our acceptance to you by issuing a written acceptance of your order, detailing the Goods included in the Contract and any other relevant information required in relation to the Contract (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
6.4 Only Goods confirmed in the Order Confirmation will be included in the Contract.
7. CANCELLATION BY US
7.1 If we are unable to supply you with any Goods ordered, for example because Goods are not in stock and cannot be delivered within 28 days or are no longer available, or because we cannot meet your requested delivery date or because of an error with the price as displayed on Our Site or published price list (as referred to in clause 14.6), we will notify you by e-mail and your order will not be processed. If you have already paid for the Goods, we will refund you the full amount, including any delivery costs charged, to the card used at the time of purchase.
7.2 We reserve the right to cancel any orders in the following circumstances:
7.2.1 if any of the information you have provided as part of the ordering process is fraudulent and/or inaccurate;
7.2.2 if you have requested delivery of Goods to an address outside our usual delivery areas; or
7.2.3 if your method of payment is declined.
8. OUR RIGHT TO VARY THESE TERMS
8.1 We reserve the right to amend these Terms from time to time to reflect changes in relevant laws and regulatory requirements, changes in market conditions affecting our business and changes in technology, including our internal systems and/or preferred payment methods.
8.2 Every time you order Goods from us, the Terms in force at the time of your order will apply to the Contract between us, unless we notify you of any changes to the Terms before sending you an Order Confirmation. In these circumstances, we will reserve the right to assume that you have accepted any such changes to the Terms. If you do not accept the changes, you must notify us, within 7 days of receiving the Goods.
8.3 If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Goods or just the Goods you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a proportionate refund in accordance with clause 9.7.
9. YOUR RIGHT OF RETURN AND REFUND
9.1 If you are a consumer, and have ordered Goods via a Distance Contract (see clause 9.2) you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 9.4. The same cancelation periods will also apply if you are a business and have entered a Distance Contract. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep the Goods, you can notify us of your decision to cancel the Contract and receive a refund.
9.2 A Distance Contract means any Contract for Goods between us that makes exclusive use of distance communication (such as Our Site, email, fax or telephone) up to and including the moment at which the Contract between us is made in accordance with Clause 6.3.
9.3 The cancellation right does not apply in the case of:
9.2.1 Goods which due to use or damage by you cannot be re-sold at full price;
9.2.2 Goods which are made specifically for you and are of a bespoke nature such that they cannot be re-sold at full price (unless defective – in which case they will need to be returned);
9.2.3 Goods which have already been installed, laid or used (unless defective - in which case they will need to be returned);
9.2.4 Goods which have become mixed inseparably with other items after their delivery;
9.2.5 Goods which are sealed or shrink-wrapped and which have been opened (unless defective - in which case they will need to be returned); and
9.2.6 Goods which cannot be returned due to hygiene reasons (unless defective).
9.4 Your legal right to cancel a Contract starts from the date of the Order Confirmation (the date on which we confirm our acceptance of your order) which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
End of the cancellation period
Your Contract is for a single item of Goods (which is not delivered in instalments on separate days).
The end date is the end of 14 days after the day on which you receive the Goods.
Example: if we provide you with an Order Confirmation on 1 January and you receive the Product on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.
Your Contract is for either of the following:
The end date is 14 days after the day on which you receive the last instalment of the Goods or the last of the separate Goods ordered.
Example: if we provide you with an Order Confirmation on 1 January and you receive the first instalment of your Goods or the first of your separate Goods on 10 January and the last instalment or last separate Goods on 15 January you may cancel in respect of all instalments and any or all of the separate Goods at any time between 1 January and the end of the day on 29 January.
Your Contract is for the regular delivery of Goods over a set period.
The end date is 14 days after the day on which you receive the first delivery of the Goods.
Example: if we provide you with an Order Confirmation on 1 January in respect of Goods to be delivered at regular intervals over a year and you receive the first delivery of your Goods on 10 January, you may cancel at any time between 1 January and the end of the day on 24 January. 24 January is the last day of the cancellation period in respect of all Goods to arrive during the year.
Clauses 9.5 and 9.6 only apply if you are a consumer
9.5 To cancel a Contract, you just need to let us know in writing that you have decided to cancel. The easiest way to do this is to complete the cancellation form on our website https://mrs-stone-store.com/downloads/MSS-Online-Order-Cancellation-Form.docx. A link to the website cancellation form will be included in our Order Confirmation. If you use this method we will e-mail you to confirm we have received your cancellation. You can also e-mail us at email@example.com or contact us by post by writing to Mrs Stone Store, Unit 38 C & D Marchington Industrial Estate, Stubby Lane, Marchington, Uttoxeter, Staffordshire ST14 8LP. Please include details of your order including the order number and the reason for the return.
9.6 If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
9.7 If you are a business, you can cancel your order by serving notice under clause 19.3.
9.8 If you cancel your Contract within the cancellation period we will:
9.8.1 refund you the price you paid for the Goods. However, we are permitted by law to reduce your refund to reflect any reduction in the value of the Goods, caused by your handling them in an unacceptable way. This would include deductions for any chipping, scratching or damage to the Goods discovered on return. If you are a consumer, and we have already refunded you under clause 188.8.131.52 before any reason for deductions has been discovered, you will still have to make a payment to the value of the deduction.
9.8.2 If you are a consumer, we will refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-4 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
9.8.3 If you are a consumer, we will make any refunds due to you as soon as possible and in any event (provided you are a consumer) within the deadlines indicated below:
184.108.40.206 if you have received the Goods and we have not offered to collect from you: 14 days after the day on which we receive the Goods back from you or, if earlier, the day on which you provide us with evidence or having sent the Goods back;
220.127.116.11 if you have not received the Goods or we have offered to collect: 14 days after you inform us of your decision to cancel the Contract.
9.9 If you are a business, and qualify for a refund under these Terms, we will refund the purchase price of a product returned within 30 days of receiving notice under clause 19.3 of your intention to return the Goods.
9.10 If you have returned the Goods to us within the relevant cancellation period because they are defective under clause 10, we will refund the price of the Goods in full together with any applicable delivery charge and any reasonable costs you incur in returning the item to us.
9.11 If Goods have been ordered on-line, all refunds will be made to the credit or debit card used by you to pay during the on-line check-out process.
9.12 If Goods have been delivered to you before you decide to cancel your Contract:
9.12.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back, return it to us in person to the address at clause 1.1, or arrange for us to collect. If we have offered to collect the Goods from you, we will arrange for the Goods to be collected from the address to which they were delivered and will contact you to arrange a suitable day for collection;
9.12.2 unless the Goods are defective you will be responsible for the cost of returning the Goods to us. If we have agreed to collect the Goods from you, we will charge you the direct cost to us of collection.
9.13 If you cancel an order after dispatch, but before receipt of the Goods, we reserve the right to levy a charge for the cost of return.
9.14 Goods must be returned in the original packaging, including any accessories, brochures, manuals, guarantees or warranties that came with the product. No refund will be issued for Goods returned in an incomplete state (unless the Goods are defective). If the original packaging of a defective product has been damaged or destroyed you should ensure the Goods are returned securely on a pallet with sufficient protective packaging. We reserve the right to ask you to provide evidence by way of photographs to show the items are packed securely before returning.
9.15 We will not issue refunds (except for the cost of delivery under clause 9.8.2) for any items lost or stolen in transit to us. If you are a consumer and we have already refunded sums due to you under clause 18.104.22.168 before the Goods are identified as lost or stolen, you will still be obliged to return to us the value of the Goods.
9.16 Where a return is lost or stolen in transit to us, you should claim compensation from the organisation responsible for shipping the return.
9.17 If you fail to return a product to us, we reserve the right to organise collection and charge you for the costs of doing so and for any losses incurred.
10. EXAMINATION AND ACCEPTANCE
10.1 Once the relevant cancellation period has expired we shall only accept the return of Goods at our discretion or in circumstances where the Goods are defective.
10.2 We take a great deal of care to ensure that Goods leave our premises in good condition. If, however, there is obvious damage to the Goods please make a note of the damage on the delivery note at the time of delivery.
10.3 We reserve the right to arrange to inspect Goods and / or to request documentary evidence, such as photographs, to demonstrate any defects.
Clauses 10.4 - 10.7 only apply if you are a Business:
10.4 If you are a business and we accept on inspection, or photographic evidence, that the Goods are defective then (subject to the notification requirements at clause 10.5) we will either (i) refund the price of the Goods (exclusive of VAT), in full or in part on a pro-rata basis, or (ii) replace or correct the Goods if replacement or correction is possible, provided that you will return the Goods (or the part of such Goods which are defective) to us.
10.5 You shall inspect the Goods immediately upon receipt. We shall not be liable for loss of, damage to or shortages of the Goods discoverable on reasonable inspection of the Goods (or for total loss of the Goods in transit, if delivery is arranged) unless you notify us within 3 days of receiving confirmation of your date of collection, or within 24 hours of delivery (whichever is earlier). If you do not give any such notice then the Goods shall be considered to have been received in full and accepted by you. Notice under this clause 10.5 can be given by email or telephone.
10.6 If you do not reject the Goods within this time, or if you have used or installed them after having rejected them, we reserve the right to deem you to have accepted them.
10.7 The forgoing sets out your only rights and remedies in relation to the Goods and all other terms and conditions, express and implied, relating to the quality or fitness for purpose of the Goods are hereby excluded. In particular, the terms implied by sections 13 - 15 of the Sales of Goods Act 1979 are excluded to the fullest extent permitted by law.
Clauses 10.08 - 10.11 only apply if you are a consumer
10.8 If you are a consumer and we accept on inspection, or photographic evidence, that Goods are defective then (subject to the notification requirements at clause 10.9) we will either
(i) refund the price of the Goods concerned and delivery together with any reasonable costs you incur in returning the item to us (excluding any courier, overnight, or express element of any return postage e.g. Royal Mail Special Delivery); or
(ii) replace the Goods concerned if a replacement is available and cover the cost of re-delivery, provided that you will return the Goods concerned (which are defective) to us.
[ Continue to 10.9 ]
10.9 If Goods are not of the correct type or of satisfactory quality you should let us know within 24 hours, so that we may make arrangements for a refund or replacement. You should inspect the Goods immediately upon delivery or collection to ensure they are of the correct type, of satisfactory quality, undamaged and in the correct amount. If you believe that the Goods you have received are defective you must call us within 24 hours of delivery or collection.
10.10 If an incorrect amount of Goods has been delivered or collected from our premises, in excess of 1% of the value of the Contract, you should notify us as within 24 hours and we will arrange to deliver or make available the correct quantity of the Goods, or collect or invoice (at your choice) any excess. If this proves to be an error on our part, we will bear the cost of delivery of the balance of the order. If the fault with the order proves to be an error on your part, you will bear the cost of delivery of the balance of the order.
10.11 We are under a legal duty to supply Goods that are in conformity with this Contract. As a consumer, you have legal rights in relation to Goods that are defective. These legal rights are not affected by your right of return and refund in clauses 9 and 10 or anything else in these Terms.
10.12 If we do not agree that Goods are defective, or if any defect is deemed to be through fault of your own, we reserve the right to recover any associated costs from you (such as the cost of carrying out an inspection) and to reject any claim in respect of alleged damages or defective Goods. In these circumstances, you will be expected to bear the cost of collection and/ or redelivery and/or replacement goods.
10.13 You will not be entitled to reject Goods delivered or claim damages in respect of any deviations in quantity of goods delivered of 1% or less of value from that set out in the Contract and you shall be obliged to accept and pay for the Goods as per the Contract.
10.14 If after notice of rejection has been given, you deal with the Goods as owner or if any of your conduct is inconsistent with such rejection or with the ownership of the Goods by us, you shall be deemed to have accepted the Goods and be bound to pay for them.
11. DELIVERY AND COLLECTION
11.1 Please make sure you are familiar with our Delivery Policy. It is available on Our Site at https://mrs-stone-store.com/deliveries.
11.2 We aim to deliver Goods within the timescale relevant to your location, as notified to you when accepting your order and will provide an estimated delivery date as part of the Order Confirmation. If the estimated date is not convenient, please call us on 01283 730388 within 12 hours of receiving our Order Confirmation, to re-arrange an alternative time. If you would prefer to collect the goods in person please contact our customer services team on 01283 730388.
11.3 We reserve the right to deliver Goods at a later date (up to 28 days after our Order Confirmation is sent) where the Goods ordered are not in stock at the time of purchase. In this situation, we will also contact you and offer a full refund instead of delivery.
11.4 Our scheduled delivery times are between 8:30am and 6.00pm. Deliveries are usually via a third-party pallet network and/or courier, for which we are not responsible. All delivery times are estimates only and cannot be guaranteed. Estimated times for delivery are not of the essence.
11.5 We recommend that you do not book contractors or tilers on the day of delivery or collection and will not be held responsible for any losses you incur from doing so, should delivery be delayed.
11.6 We shall not be liable for any failure to deliver or delay in delivery of the goods, or damage to goods delivered, arising from circumstances beyond our reasonable control.
11.7 Due to their weight and dimension, Goods are usually delivered on a 17 ton lorry, with a tail-lift and pallet-truck for moving tiles. You must notify us about any obstacles at your chosen address which may affect delivery, such as low hanging sign posts and trees, low bridges, narrow country roads and steep gradients, as well as any parking and/or unloading restrictions at your chosen address, including double yellow lines. You can provide this information by calling our customer services team on 01283 730388. Where possible in such circumstances we will try to deliver by smaller vehicle, but this cannot be guaranteed. Delivery by smaller vehicles must be organised before goods are shipped and may incur additional delivery charges and delivery schedules. We reserve the right to recover from you, and you agree to be responsible for, any costs incurred on delivery, such as fines incurred for parking and/or unloading in restricted areas.
11.8 The Goods will be delivered by way of an economy, kerb-side drop. Under no circumstances will Goods be dropped off on private property, such as drive ways or gardens and it is your responsibility to move Goods to their final destination once delivered.
11.9 If no one is available at your address to take delivery, or we are unable to drop-off Goods because of difficulties accessing the drop-off point, we reserve the right to levy a charge for having to abort the delivery and for the cost of any redelivery and/or storage charges.
11.10 Delivery of an order shall be completed when either (i) we deliver the Goods to the address you gave us; or (ii) you, or a carrier organised by you, collect the Goods from us.
11.11 You will be responsible for the removal of all packaging after delivery. Please note this will include the disposal of any wooden pallet supplied with delivery.
11.12 Occasionally, delivery to you may be affected by an Event Outside Our Control, including delays due to vehicle breakdowns. See clause 18 for our responsibilities when this happens.
11.13 If you arrange to collect Goods from our premises, either in person or via a third party carrier, the risk in the Goods will pass to you on collection (see clause 13). We will not be liable for any damage or breakages incurred while the Goods are in transit after collection. It is essential that:
11.13.1 You check the weight and dimensions of your order before collection and ensure that a suitable vehicle is used - one which is able to accommodate the weight and volume of the Goods and which can be loaded by fork-lift truck. Our warehouse staff will only load Goods onto a collection vehicle if it is safe to do so; and
11.13.2 You ensure that Goods are packed securely by you to avoid any damage in transit.
11.14 Where postponement of delivery or collection is agreed at your request you shall, if required by us, pay all costs and expenses incurred as a result of such postponement (including a reasonable charge for storage and insurance of the Goods and interest on the price of the Goods).). The Goods shall be held at your risk as from the time of postponement.
Clauses 11.15 - 11.17 only apply if you are a consumer.
11.15 If we miss our deadline for the delivery of any Goods then you may cancel your order straight away if any of the following apply:
(a) we have refused to deliver the Goods;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
11.16 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.15, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
11.17 If you do choose to cancel your Order for late delivery under clause 11.15 or clause 11.16 you can do so for just some of the Goods or all of them, unless splitting them up would significantly reduce their value. If the Goods have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Goods and their delivery.
12. INTERNATIONAL DELIVERY
12.1 We do not typically deliver Goods abroad, but are happy to discuss any requirements you may have for international deliveries. If you have any queries relating to international deliveries please contact our customer services team on 01283 730388. These orders will not be accepted on-line.
12.2 If you order Goods for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
12.3 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
12.4 You should indemnify us against all and any losses and costs for which we are required to pay in respect of, or incidental to your order and referred to in clauses 12.2 and/or 12.3.
13. RISK AND TITLE
13.1 You will own the Goods once we have received payment in full, including all applicable delivery charges, both in respect of the relevant Order Confirmation and for all other sums due from you to us. The Goods will be at your risk (including all losses for breakages and damage) from the time of delivery to you or collection by you or your agent. Please note if you arrange for Goods to be collected by a third party carrier, risk will pass to you when the third party carrier collects the Goods.
13.2 All Goods must be signed for on receipt by a person 18 years or over.
13.3 Title and risk in any returned Goods will not pass until we are satisfied on receipt of the Goods, and on inspection, that they are in satisfactory condition and suitable for re-sale (or in the case of return due to defect, that the Goods are defective).
14. PRICE OF GOODS AND DELIVERY CHARGES
14.1 The prices of the Goods will be as quoted on Our Site, or published price list, 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. However please see clause 14.6 for what happens if we discover an error in the price of Goods you ordered.
14.2 We reserve the right to vary the price of Goods without notice by any amount attributable to a change in or insufficiency of your instructions, change of law, any variation in the cost of materials, labour, transport, duties, taxes, exchange rates or any costs of whatsoever nature between the date of the Contract and the date of delivery or completion of payment.
14.3 The price of Goods and delivery include 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. You agree to pay any increased VAT due.
14.4 The price of Goods does not include delivery charges. Our delivery charges are as advised to you during the check-out process, and will also be inclusive of VAT.
14.5 Our delivery charges vary depending on the distance of your delivery address from our distribution centre, the weight of the Goods ordered and the means of delivery used, including the type of vehicle. Delivery options and costs will be calculated as part of the order process and your available options will be made clear before you place an order.
14.6 Our Site contains a large number of Goods. It is always possible that, despite our best efforts, some of the Goods on Our Site, or otherwise, may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
(a) where the correct price of Goods is less than the price stated on Our Site, or otherwise, we will charge the lower amount when dispatching the Goods to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Goods to you at the incorrect (lower) price; and
(b) if the correct price of the Goods is higher than the price stated on Our Site, or otherwise, 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.
15. HOW TO PAY
15.1 Payment for Goods and delivery (including VAT and all applicable delivery charges) must be made at the point of order. Payments will normally be processed by way of the credit or debit card details provided during the ordering process and Goods will only be dispatched once payment has cleared.
15.2 If placing an order on Our Site, you can only pay for Goods using a debit card or credit card.
15.3 If you wish to pay by other methods, such as cash, then please contact our customer services team on 01283 730388.
15.4 We do not accept payments by cheque.
15.5 If your payment cannot be processed for any reason we will contact you regarding alternative payment methods.
16. OUR LIABILITY IF YOU ARE A BUSINESS
This clause 16 only applies if you are a business customer.
16.1 The Terms implied by sections 13 - 15 of the Sales of Goods Act 1979 are, to the fullest extent possible, excluded from the Contract.
16.2 We will only be liable to you under the Contract for any shortages, or loss, or damage to the Goods, or total loss of Goods in transit, if you notify us under clause 10.5. If you notify us in this way, any obligation we may have to you will be limited, at our option, to:
16.2.1 making good any shortages or non-delivery;
16.2.2 repair or rectification of the Goods;
16.2.3 the supply or replacement Goods; or
16.2.3 refund of any amounts paid by you in respect of the Goods.
16.3 Nothing in these Terms limits or excludes our liability for:
16.3.1 death or personal injury caused by our negligence;
16.3.2 fraud or fraudulent misrepresentation;
16.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
16.3.4 defective Goods under the Consumer Protection Act 1987.
16.4 Subject to clause 16.3, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
16.5 Subject to clause 16.2 our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the relevant Goods, exclusive of VAT.
16.6 Except as expressly stated in these Terms, we do not give any representation, 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.
16.7 You acknowledge and agree that in entering into the Contract, you do not rely on, and shall have no remedy in respect of any statement, representation, or warranty given by any person relating to the Goods or their supply (including as to condition, quality, and fitness for purpose and conformity with any sample). All warranties implied by statute, common law, custom or otherwise as to the condition or quality of the good, or fitness for purpose of the Goods, or correspondence with any sample are hereby excluded.
17. OUR LIABILITY IF YOU ARE A CONSUMER
This clause 17 only applies if you are a consumer.
17.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
17.2 We only supply the Goods for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
17.3 We do not in any way exclude or limit our liability for:
(a) death or personal injury caused by our negligence;
(b) fraud or fraudulent misrepresentation;
(c) any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
(d) any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
(e) defective Goods under the Consumer Protection Act 1987.
18. EVENTS OUTSIDE OUR CONTROL
18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
18.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation breakdowns and or problems with delivery vehicles operated by third parties, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
18.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a 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.
18.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact our customer services team on 01283 730388. 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.
19. COMMUNICATIONS BETWEEN US
19.1 When we refer, in these Terms, to "in writing", this will include e-mail.
19.2 You may contact us by telephoning our customer service team at 01283 730388 by e-mailing us at firstname.lastname@example.org or by writing to us at the address at clause 1.1.
19.3 If you are a business and wish to give us formal notice of anything under these terms:
19.3.1 Notices under this Contract shall be in writing and sent by hand, courier, registered post, first class post, or facsimile, to the address of the other party (or any other address, which a party by notice states for this purpose).
19.3.2 Notices shall be deemed to have been received: if sent by hand, courier or registered post, on delivery; if sent by post, on the second day from but excluding the day of posting if sent to an address in the United Kingdom; and if sent by facsimile, on completion of uninterrupted transmission.
19.3.3 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
20. OTHER IMPORTANT TERMS
20.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
20.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
20.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
20.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
20.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
20.6 If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Goods through Our Site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
20.7 If you are a business you shall make all payments due under the Contract in full without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise unless you have a valid court order requiring an amount equal to such deduction to be paid by us to you.
20.8 We may at any time, in our absolute discretion set off any payment made by you in respect of the Goods to any outstanding debts of yours.
20.9 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
20.10 If you are a business, we both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).
Last updated: 3rd April 2018
These Terms of Business are Copyright © 2007-2019 mrs stone store and may not be reproduced in whole or in part in any format, be that electronic such as a web page, PDF or text file or on printed materials at any time unless given written permission to do so by mrs stone store.
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