TERMS & CONDITIONS
Before getting to terms and conditions, some definitions of the terms should be clarified to prevent any further complications.
‘’We’’ or ‘’Us’’ means Authentic Stone Ltd. (incorporated in England and Wales under company number 07962075) whose registered Office Unit D2 Ranalah Estate New Road Newhaven BN9 0EH. Vat No: 134274722. Telephone Number: 01273 516 162, Email: [email protected], and ‘’You’’ means the customer.
For instance, what we mean by saying agreement is the mutual agreement that we agree to sell the product and you to purchase the product. In other words, the agreement that seller and the customer has between each other to carry out the selling.
“Business Sales” refers selling to a trade, professional body under the title of business purposes.
“Consumer Sales” refers selling to any person who is buying for purposes without having any business intent.
“Delivery Address” indicates the address that your products will have delivered to.
“Goods” means the products, which we concede to supply to you on the agreed terms.
“Delivery Date” indicates the date on which your goods will have delivered to the Delivery Address that you stated.
“Price of the Goods” refers the price for the products that put on display as inclusive of VAT and delivery in the case of Business Sales and the prices presented as inclusive of VAT but exclusive of delivery in the case of Consumer Sales.
“Total Price” refers the products’ price and any delivery charge inclusive of VAT.
2. Order and Sale
2.1 You as a customer request and agree to purchase, and we as seller agree to sell and provide the products at the price, subject to these terms and conditions.
2.2 Products which are not standard and specifically ordered by you or fabricated for you must be paid for in full beforehand the order and fabrication and cannot be cancelled after the order/fabrication process has started as they are only desgined according to your order.
3. Applicable terms, conditions and representations
3.1 These terms are the express terms and circumstances guiding and ruling the agreement.
3.2 There cannot be any change in this agreement if it is not agreed in writing and signed by both customer (you) and seller (us).
3.3 It is your part and responsibility to check that all the details about your order are accurate and to fill us in with proper information related to the environment that the products are aimed to be used and for their dispatch.
3.4 It is vital that you make sure your measurements are correct as in size and dimension carefully. A request should always cover an additional 10% to enable for wastage to cover cutting, minor defects, as might be anticipated with the type of stone and finish ordered, and breakage. If you do not request enough, consecutive products may not be the same as the original products that have already provided to you.
3.5 We can supply any kinds of products as they will be formed on general guidelines and the measurements that you have stated before. It is your part to fill us in with the accurate measurements to ensure that the correct quantities of products are requested. You may get professional guidance since discrepancies in surfaces and angles may influence the quantities required. For this reason, we do not take any responsibility for any deficiencies or surpluses.
3.6 Where you are in a position not as a consumer, you acccept that you are not entering into this arrangement on the basis of any representation made to you by us that is not integrated into this agreement in writing and signed by both ends.
3.7 We are not able to give any assurance as to the suitability of the products for any environment. If you are acting other than as a consumer, you cannot count on any implied guidance or information given to you by us that is not settled in the agreement and signed by both ends.
3.8 We do not take any responsibility for situations beyond our authority. This covers (without restraints) shortages at source, natural disasters or delays that influences provideers or delivery to us. We will make sure to let you know as soon as possible if any possible problems that are listed occur.
4. Description and models
4.1 All descriptions, images and samples of our products that are provided by us, are only to represent them to give a general idea about the products.
4.2 The products are natural and geological altrations will take place in terms of colour, markings, texture, size, which are not under our control. It would be good for you to look as much of the products as possible before having an agreement.
4.3 It should be noted that all the products should be sealed for protection. Some of them can get scratched easily.
5.1 The price is the cost pointed out as inclusive of any value added tax, and exclusive delivery cost, which you are expected to pay additionally.
5.2 The price is the cost pointed out as inclusive of any value added tax, but does not include transfer costs, which you are expected to pay extra.
5.3 We have the right to make alterations with the cost by informing you at any time before delivery to reflect any increase in the cost to us such as foreign exchange fluctuations, changes of duties, increase of the prices of materials and so on. If the price is changed by us and you are not happy with it, you are free to cancel your order as you want.
However, products which are specifically ordered for you and are fabricated for you cannot be cancelled after the order and fabrication process has started. If we agree on cancelling the order, you should be accountable for any reasonable costs occured.
6.1 Payment is necessary on placement of your purchase. It is important to state that we will not be in a position to arrange delivery unless we are in receipt of cleared funds.
6.2 Credit Account customers that fail to make the payment will be accountable to pay interest on the Total Price from the due date until you pay, at a rate 2% above the base rate of Lloyds TSB Plc on a daily basis.
7. Delivery & Collection
7.1 We guarantee to have the products delivered to the stated delivery address on the pointed out delivery date, but time for delivery is not specifically stated in the agreement. We generally use an independent delivery company. Thus, we do not take any responsibility which means that we are not responsible to guarantee any delivery times.
7.2 The products will be delivered to the closest available point to the delivery address of yours. Any complications or possible problems can take place about the delivery should be notified.
7.3 It should be noted that the price of transmission is an extra charge to the price and subject to VAT.
7.4 If the products are failed to delivered to you due to you not abiding by obligations under these terms and conditions, the products will be retained and you will take the responsibility for any re-delivery schedule and/or storage costs.
8. Risk and Property
8.1 The responsibility of any possible breakage, loss or damage will be yours on completion of delivery or, if you choose to collect the products, at the point of collection.
8.2 The ownership of the products will not be yours till we have received payment of the total price in full in cleared funds.
9. Unpacking, stacking and storing
9.1Special care should be provided when the products are being delivered. The products should always be stacked and stored vertically but not on a hard surface as it can damage the product. We do not take any responsibility for damage that happens after delivery or the delivery is on your part.
10. Examination and Acceptance
10.1 Before we send the products, we make sure that all of them are in good condition. If there is any damage to the products , please make a note of the damage on the delivery note.
10.2 You must carefully check the products on delivery or collection to make sure that they are the correct order, of satisfactory quality, undamaged and the correct amount and if they are not, you must lest us know within 48 hours of delivery or collection for fixing, adjustment or refund of all or part of the price, which will be your only solution. If the products are damaged or not in a good condition, we have the right to ask for documentary evidence, such as a photograph, in support of your statement. If you do not reject them within this time, or if you have installed them, you will be deemed to have accepted them and we will have no responsibility to you. Consumer Sales
10.3 If the products are not the correct type or of satisfactory quality (damaged) you should let us know as soon as possible and we can either refund to you the Total Price or make available reinstatement of the products. If the fault with the order is on your part, you will be expected to pay the cost of redelivery of replacement products and collection of the original products.
10.4 If the amount of the products are delivered or collected faulty, you should let us know as soon as possible and we can arrange to the correct amount of the products. If this is to be a fault on our part, we will be responsible for the cost of delivery of the balance of the order. If this is to be a fault on your part, you will be responsible for the cost of delivery.
11. Limitation of accountability
11.1 We will only be responsible to you under or in relation to this agreement or in relation to the products if you inform us about any shortfall, proven damage in the products in the first 48 hours. We have the right to ask for documentary evidence, like a photograph, of the damage or fault. If you so notify us, our only obligation to you will be (at our option):
11.1 to make good any shortage or non delivery or,
11.2 to replace or fix any damaged products.
11.3 We have the right to charge a restocking and collection for products returned to us if the reasons are not as stated in clause 11.1.
11.4 We will be responsible for your losses occuring of the provision by us, or damaged products to the extent that such losses are reasonably can be seen. However, we will not be responsible for lost working time or the cost of third party contractors where you (or your contractor) fail to install the products properly or fail to use the accurate base or installation techniques or if the environment that the products are installed is inconvenient.
11.5 Please note that we sometimes supply additional and/or damaged tiles to you free without your request, which can be useful for you. We will be only responsible to you if we fail to supply you with the quantity of products which you requested in a non-defective and undamaged condition.
11.6 Nothing in this agreement is aimed to prevent any of your rights as a consumer or to limit our accountability to you in respect of death or personal injury arising from our negligence or misrepresentation in respect of a misleading statement.
12. Cancelletion Rights for Consumers
This clause only applies unles you are not acting for a purpose outside your business and there has not been a distance contract.
Distance Contract means any contract related to products or services between a provider and a consumer under a distance sales or service.
12.1 You may cancel this mentioned agreement in the first 7 working days, beginning the day after you receive the products.
12.2 To make any cancellation you are required to notify us in writing that you wish to cancel. You have the right to do this by letter, fax or e-mail sent in the first 7 days to us at the address clarified in clause 1.
12.3 You do not have the right to cancel if the products are not standard and made specifically for you, or you have installed or used them already.
12.4 If you request to cancel products which have already left our storage, you will be responsible for the price of returning the products.
12.5 The responsibility is yours during the period of cancellation to make sure that the products are returned to us in the condition in which they were delivered to you . We have the right to charge for any harms arisen by failure to carry out your part of care.
13. Mending Products and Installing
13.1 Any guideline or help given by us or our staff related to mending/fixing products and installing them is given in good intentions but should be kept in mind that it is not the most accurate way and should be remembered that they are not based on a proffessional survey. So that it is your responsibility to obtain the accurate fixing products for the goods that will be installed. We advice you to take advice from a professional fitter.
13.2 Unfortunately we do not offer an installation service and the responsibility is yours to make sure a professional fitter is carrying through your installation. It is strongly recommended that you get additional and independent references.
13.3 We do not take any responsibility for the manner of installation of the products or for damage caused during or occured of installation.
14. Third Parties
This agreement is not aimed to and does not give any rights to third parties to implement any of its provisions.