By entering into a contract of sale, placing an order, entering into negotiations or an agreement with Ormiston Stone Ltd, you, the Client, agree to be governed by the following terms and conditions.
- Definitions1.1 ‘the Company’ means Ormiston Stone Ltd, located at Unit 19 Lamberhurst Farm, Dargate Kent, ME13 9EP and registered at Unit 19 Lamberhurst Farm, Dargate Kent, ME13 9EP , Company No. 11505832, VAT Reg No. GB305217932
1.2 ‘the Client’ means any individual or company (representative, servant or agent).
1.3 ‘Contract of Sale’ means the Company agrees to transfer the property in goods to the Client for a money consideration.
1.4 ‘Goods’ means any product or physical items that can transfer ownership which are in existence, owned or possessed by the Company, or goods to be manufactured or acquired by the Company after the making of the contract of sale.
1.5 ‘Services’ means any work undertaken for, or to complete, the contract of sale.
1.6 ‘Quotation’ means any price offered for Goods and or Services.
1.7 ‘Bespoke Order’ means orders for Goods or Services which are custom made or provided for the Client and cannot be resold.
1.8 ‘Fault’ means something that impairs or detracts from the established physical character (the ‘norm’).
1.9 ‘Defect’ means an imperfection that causes inadequacy or failure.
1.10 ‘Durable Medium’ means an email or letter (not telephone).
2.1 Deliveries will take place on week days between 9am and 4pm. Any specific delivery time will be a best estimate and not guaranteed. Orders may be delayed. In the event of a delay the Company will not incur any liability whatsoever.
2.2 Delivery is to kerbside only, unless previous arrangements have been made, and are within a 35mile radius of the Company address, unless previous arrangements have been made.
2.3 The Client must be present on delivery and template/measure or risk cancellation and responsible for related costs.
2.4 By act or omission, the Client is at all times responsible for directing the delivery process and liable for any resulting damage. The Company will not be liable for any damage whatsoever that occurs during a delivery, and installation including, but not limited to, ground and or structure subsidence.
2.5 Delivery charges are calculated on the basis that the delivery vehicle has unrestricted access to the delivery site, storage space, or unloading facilities and that a suitable level and firm surface is available for the offload. In the case that the Client has failed to provide the above requirements, the Company reserves the right to cancel and charge for the failed delivery and subsequent return costs.
3. Goods and Services
3.1 The Company accepts no liability as to the suitability of goods for the purpose for which the Client intends them.
3.2 The Company does not provide advice on the use of Goods supplied by the Company. Any views expressed are solely the personal opinion of the person providing them and do not represent the opinions of any entity whatsoever.
3.3 If the Company is unable to deliver Goods or Services to the specification of those ordered, the Company may, at its discretion, provide a suitable alternative of a similar function and value.
3.4 Where the Client places a Bespoke Order with the Company, the specification of the Goods ordered will be as per the description in any written communication within reasonable tolerances of measurement and physical design between the parties. Goods are available to the Client for inspection by appointment before delivery if requested at least 2 working days before the delivery is expected to take place.
3.5 Goods are available to the Client for inspection by appointment before delivery if requested at least 2 working days before the delivery is expected to take place.
4.1 No orders will be accepted until cleared funds are received in full or an alternative payment method agreed by the Company.
4.2 The Company reserves the right to cancel the order at any time without notice, and without incurring liability if:
4.2.1 the Company has insufficient stock to deliver the Goods ordered by the Client;
4.2.2 the Company does not have the resources to deliver the Goods or Services ordered by the Client;
4.2.3 one or more of the Goods or Services ordered by the Client were listed at an incorrect price due to a typographical error, or they were quoted at an incorrect price during the confirmation of order;
4.2.4 one or more of the Goods or Services ordered by the Client involved a third party cost or disbursement that has caused an increase in costs to the completion of that order; and
4.2.5 in the event of, but not exclusive to, war, strike, mechanical breakdown, natural disaster, weather or accident.
4.3 Non-stock orders require a non-refundable 75% deposit.
4.4 If the Company cancels the order, the Client will be notified by via a Durable Medium and the Company will re-credit to the Client the order price within 30 calendar days from the day the cancellation was confirmed.
4.5 Except as prescribed by law, the Company will not be liable to the Client for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any cancelled order.
5.1 All quotations are given to the best of the Company’s knowledge. The Company will endeavour to honour the Quotation for a period of 60 calendar days starting from the date the Quotation passed from the Company to the Client. Quotations are not binding between Company and Client and are subject to change at the Company’s discretion.
6. Rights to Cancel (Bespoke Orders)
6.1 Bespoke Orders cannot be cancelled once placed without the Client being liable for any and all costs and charges related to the Bespoke Order.
7. Rights to Cancel (non-Bespoke Orders)
7.1 The Company recognises a 7 working day ‘cooling-off’ period. This period starts from and includes the date of order.
7.2 Contracts can only be cancelled with the Company’s consent and will be subject to the costs of work already untaken on the Client’s behalf.
7.3 If a cancellation request is made and the Goods or Services ordered are eligible to be cancelled, any monies due to be refunded to the Client will be refunded within 30 days of the cancellation request.
7.4 Under no circumstances are deposits refundable once taken.
8. Right to Return Goods with Fault or Defect
8.1 Where there is a fault or defect in the Goods delivered to the Client, it is the Client’s responsibility to notify the Company via a Durable Medium of the Fault or Defect within 14 calendar days from and including the day of delivery.
8.2 The Company reserves the right to withhold any replacement or refund until the Goods are made available at the Company’s place of business for inspection at the Client’s own cost.
8.3 The Company will not replace Goods where the Fault or Defect has occurred:
8.3.1 whilst in the Client’s own transit;
8.3.2 whilst on the Client’s property or specified delivery location and position;
8.3.3 because the Goods have been improperly used;
8.3.4 because the Goods have been improperly stored or protected; or
8.3.5 because the Goods are not suitable for the Client’s intended use.
8.4 Where it is accepted by the company that there is a Fault or Defect, for which the Company is responsible, the Company will replace only the Goods that have Fault or Defect.
8.5 The company reserves the right to replace the faulty or defective Goods with matching or suitable alternatives if the exact Goods cannot be sourced.
8.6 If matching or suitable replacement Goods cannot be provided, then a refund will be issued within 30 calendar days of the Company accepting the Good’s Fault or Defect.
8.7 Except as prescribed by law, the Company will not be liable to the Client for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any fault or defect. Furthermore, the Company shall have no liability to pay the Client any monies or provide any additional Goods or Services by way of compensation.
9. Right to Return Goods
9.1 The Company recognises a 7 working day ‘cooling-off’ period. This period starts from, and includes, the date of delivery. If the Client wishes to return Goods, and has cancelled the order correctly under these terms, the Company will accept the return (subject to the Goods not having been used or damaged in any way). However, the Client will be liable to pay a restocking/handling fee of 20% of the returned items value (subject to a minimum charge of £50 + VAT) and a carriage fee of equal measure to delivery fees.
9.2 In all cases, the company reserves the right to refuse to accept any return.
9.3 You do not have an automatic right of return.
9.4 In the event that a credit note is issued by the Company, it will only be valid for 12 months from the date of issue.
10. Client Accounts
10.1 Client accounts must be applied for using a form available from the company. Any accounts are granted at the Company’s discretion.
10.2 Client accounts must stay within the monthly agreed account limit and must be paid in on the last working day of the month of the delivery of goods.
10.3 In the event that a Client account is in breach of the Company’s terms, the Company reserves the right to delay delivery until the account is bought into the prescribed order and will charge interest on any overdue amounts.
11.1 All Goods are the property of the Company until cleared funds are received in full.
11.2 The Company has no responsibility to undertake the provision of any Goods or Services to the Client until cleared funds have been received by the Company for the whole of the agreed price.
11.3 If payment is made via credit or debit card, this does not automatically constitute payment of cleared funds. If the Client is uncertain whether payment of cleared funds has been made, they should contact the Company to request confirmation.
11.4 The Company does not accept cheques.
11.5 Where payment is made by way of electronic bank transfer or monies paid directly into the bank account of the Company, it is the responsibility of the Client to inform the Company that this payment has been made. The provision of any Goods or Services offered will be undertaken once confirmation of any such payment is received by the Company through verification with the bank.
12. Intellectual Property
12.1 None of the text, images, drawings, measurements, templates or intellectual designs provided by the Company or its website may be copied and or edited. The use or replication of any of the intellectual property on the Company’s website is prohibited unless specific permission has been requested in writing and granted by the Company.
12.2 All material, text, images and information stated on the Company’s website is owned or licensed by the Company.
13. Website Policy
13.1 The Company’s website is operated by the Company.
13.2 The Company may collect information from your visit to our site. This information is only used to track browsing patterns and cannot be used to identify you personally.
13.3 The Company’s website contains material which is owned by or licensed by the Company. This material includes, but is not limited to,
the design, layout, appearance and graphics. The information in this website is given in good faith and for general information and interest only. It is subject to change without notice.
13.4 This website contains links to other websites. The Company accepts no liability for the content of other websites.
14.1 Cookies are small files designed to hold a tiny amount of data in order to give you a better browsing experience and ‘remember’ you, either for the duration of your visit (using a ‘session cookie’) or for repeat visits (using a ‘persistent cookie’).
14.2 By navigating our website without changing your browser settings, you agree for us to store cookies and collect the required data. You can change your cookies settings at any time from your browser configuration.
15.1 The Company will respect your privacy and ensure that all personal information provided to us is lawfully processed and held in accordance to the Data Protection Act 1998.
15.2 Information may be collected from you when you submit an enquiry, visit our site, call us for information or send us an email. The information we collect is limited to the Client’s name, address, telephone number (and fax) and email details.
16.1 These conditions and any contract or variation are governed and interpreted in accordance with the English law.
16.2 English courts shall have jurisdiction to resolve any disputes between the Company and Client (whether domestic or foreign).
16.3 Nothing said by any employee, servant or agent of the company should be understood as a variation of these terms and conditions.
16.4 Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
16.5 VAT will be charged at the prevailing rate in accordance with HMRC where applicable.
16.6 If any part of these terms and conditions is unenforceable, the enforceability of any other part of these conditions will not be affected.
16.7 Nothing in these terms and conditions is intended to limit any rights the Client may have under English law nor exclude or limit the Company’s liability to any person in the event of death or personal injury resulting from our negligence.
16.8 Subject to statutory limitations, we can delay in enforcing, or fail to enforce, our rights under the agreement without losing them.
16.9 Any contracts between the Company and the Client are non-assignable subject the Company’s authorisation.
16.10 Where the Client is more than one legal person, each party agrees to be governed by the following terms and conditions and will be jointly and severely liable under these terms.
16.11 These conditions may only be modified by a variation in writing signed on behalf of the company by a Director.
16.12 The Company reserves the right change this policy at any time.
17. Natural Materials
17.1 Natural and artificial materials can vary in colour, texture, tone, density, finish and dimensional accuracy from piece to piece at any one time and over time from the same source. Samples, photographs, displays and other descriptions can only provide an indication of the aesthetics, dimensions and mechanical characteristics. They should not be relied on as an exact match to the current available material. Manufacturing measurements and installation tolerance are to usual reasonable industry standards and are not limited to exact accuracy.