TERMS AND CONDITIONS.
Please read these terms and conditions carefully as they set out important provisions which will affect you and are deemed to form part of the Agreement. In particular please consider clause 5 (The Goods and Natural Variations) and Clause 11 (Limitations and Exclusions of Liability).
In this Agreement, unless the context requires otherwise:
1.1 ‘Agreement‘ means the agreement between the Company and the Customer comprised of these Conditions and the Order Form;
1.2 ‘Business Day‘ means any day which is not a Saturday, Sunday or a bank or public holiday in England;
1.3 ‘Conditions‘ means these terms and conditions and any special terms and conditions agreed in writing by the Company;
1.4 ‘Consumer‘ means any natural person who acting for purposes outside his business has concluded an Agreement with the Company exclusively via the telephone, fax, e-mail, catalogues or other means of distance communication who has additional rights of cancellation pursuant to clauses 8 and 9.
1.5 ‘Customer‘ means the person or entity specified on the Order Form;
1.6 ‘Delivery Date‘ means the date specified on the Order Form by the Company when the Goods are to be delivered;
1.7 ‘Goods‘ means the articles which the Customer agrees to buy from the Company;
1.8 ‘Order Form‘ means a form signed by the Customer confirming the order of the Goods;
1.9 ‘Price‘ means the price for the Goods excluding carriage, packing, insurance and VAT; and
1.10 ‘the company‘ means Stone of London Ltd whose registered office is 13 Station Road, London, N3 2SB (Company Number 6576515)
2. Conditions applicable
2.1 These Conditions shall apply to all contracts for the sale of Goods by the Company to the Customer and where applicable the supply of services to the exclusion of all other terms and conditions including any terms or conditions which the Customer may purport to apply under any purchase order, confirmation of order or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Customer to purchase Goods pursuant to the Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Customer‘s acceptance of the Agreement.
2.4 Any variation to the agreement (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the company.
3.1 Unless otherwise agreed by the Company in writing, the Price shall be the price set out in the Order Form.
3.2 The price is exclusive of any value added tax and all costs or charges in relation to carriage and insurance, all of which amounts the customer shall pay in addition when it is due to pay for the goods.
4.1 Payment of the Price shall be due when the order is placed.
4.2 Time for payment shall be of the essence.
4.3 If the Customer fails to pay the Company any sum due pursuant to the Agreement, the Customer shall be liable to pay interest to the Company on such sum from the date when payment becomes due until the date of payment at a rate of 2% above Nat West Banks base rate from time to time in force and shall accrue at such rate on a daily basis after as well as before any judgment.
4.4 The Company reserves the right to claim interest under the Late Payment of Commercial Debts (Interest) Act 1998.
5. The Goods and natural variations
5.1 The quantity and description of the Goods shall be as set out on the Order Form.
5.2 All samples, descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company‘s catalogues, brochures or internet website are issued or published for the sole purpose of giving an appropriate idea of the goods described in them.
5.3 The Customer acknowledges that due to the natural variations of stone the Company cannot guarantee colour or shade differences between the batches of tiles.
5.4 The Customer is advised to increase the size of his order by 10% to cover wastage that may occur during site handling and if any of the Goods are damaged during delivery.
6. Delivery of the Goods
6.1 Delivery of the Goods shall be made to the delivery address specified on the Order Form on the Delivery Date between 9am and 5pm. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Customer. The Customer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2 The Company uses an independent delivery company for which the Company is not responsible and therefore the Company cannot guarantee the delivery times. The delivery driver will not handle the Goods and deliveries will be made to the kerb side at the delivery address specified on the Order Form.
6.3 The Customers shall provide at the delivery point and at its expense adequate and appropriate equipment and manual labour for handling the Goods.
6.4 The Company will not be responsible for the Goods once they have been received and accepted by the Customer.
6.5 If for any reason the Customer fails to accept delivery of any of the Goods or the Company is unable to deliver the Goods on time because the Customer has not provided appropriate instructions:
6.5.1 risk in the Goods shall pass to the Customer;
6.5.2 the Goods shall be deemed to have been delivered; and
6.5.3 the Company may store the Goods until delivery, whereupon the Customer shall be liable for all related costs and expenses (including without limitation, storage and insurance).
6.6 Any dates specified by the Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
7. Acceptance of the Goods
7.1 The Customer should inspect the Goods on delivery.
7.2 If the Customer is not satisfied with the Goods he can either refuse the Goods on delivery or return the Goods to the Company within 7 days from the delivery specifying the reasons for return and in accordance with clause 8.
7.3 The Customer shall be deemed to have accepted the Goods if the Goods have not been returned to the Company in accordance with clause 7.2 above.
7.4 After acceptance the Customer shall not be entitled to reject Goods which are not in accordance with the description on the Order Form save in the circumstances set out in clause 8.
7.5 The quantity of any consignment of Goods as recorded by the Company upon despatch shall be conclusive evidence of the quantity received by the Customer on delivery unless the Customer can provide conclusive evidence proving the contrary.
8. Right of cancellation for consumers
8.1 Subject to clause 8.6 a Customer who is a Consumer has the right to cancel the Agreement within seven Business Days beginning with the day on which the Goods are delivered to the Consumer by giving a written notice of cancellation to the Company.
8.2 A notice of cancellation in clause 8.1 shall be treated as being properly given if it is addressed to the Managing Director of the Company and sent by post, fax or e-mail to the trading address of the Company noted on the Order Form. The notice of cancellation must specify the number of the order listed on the Order Form, name and contact details of the Consumer and the arrangements made by the Consumer to return the Goods to the Company.
8.3 In the event that the Consumer cancels the Agreement pursuant to clause 8.1 the Consumer is responsible for returning the Goods to the Company and any associated costs such as delivery and insurance expenses. The Consumer is liable for any damage that may occur in returning the Goods to the Company until they have been returned and accepted by the Company and must take reasonable care of them.
8.4 If the Consumer cancels the Agreement in accordance with clause 8.1 the Company shall reimburse any sum paid by or on behalf of the Consumer less any charge of recovering the Goods in the event that the Consumer fails to return the Goods in accordance with clause 8.3.
8.5 For the avoidance of doubt whether the Customer is a Consumer shall be determined by the Company acting in its sole reasonable opinion. A Customer who is not a Consumer shall not have a right of cancellation.
8.6 A Consumer will have no right of cancellation where Goods are made to the Consumer‘s specification or clearly personalised or which by reason of their nature cannot be returned or liable to deteriorate or expire rapidly.
8.7 Any complaints about the performance of the Company pursuant to these conditions must be addressed to Managing Director of the Company at the trading address shown on the Order Form.
9. Title and risk
9.1 The Goods are at the risk of the Customer from the time of delivery.
9.2 Ownership of the Goods shall not pass to the Customer until the Company has received in full (in cash or cleared fund) all sums due to it in respect of:
9.2.1 the Goods; and
9.2.2 all other sums which are or which become due to the Company from the Customer on any account.
9.3 Where the Customer collects the Goods from the Company‘s premises then the Goods will be at the Customer‘s risk from that point.
10. Limitations and exclusions of liability
10.1 Subject to clause 5 and your statutory rights, all warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
10.2 Nothing in the Agreement excludes or limits the liability of the Company for death or personal injury caused by the Company‘s negligence, for any matter which it would be illegal for the Company to exclude or for fraud or fraudulent misrepresentation.
10.3 Subject to clause 11.2:
10.3.1 the Company‘s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance under this Agreement shall be limited to the Price; and
10.3.2 the Company shall not be liable to the Customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the Agreement.
10.4 Where the Customer rejects any Goods then the Customer shall have no further rights whatever in respect of the supply to the Customer of such Goods or the failure by the Company to supply Goods which conform to the contract of sale.
10.5 Where the Customer accepts or has been deemed to have accepted any Goods then the Company shall have no liability whatever to the Customer in respect of those Goods save as set out herein.
10.6 The Company shall not be liable to the Customer for late delivery or short delivery of the Goods.
11.1 The Company reserves the right to defer the date of delivery or cancel the Agreement or reduce the volume of the Goods if it is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control, including without limitation acts of God, natural disasters or restraints or delays effecting suppliers or carriers. If the event in question continues for a period of  month the Customer shall be entitled to terminate the Agreement.
11.2 If any provision of this Agreement is found by a body of competent jurisdiction to be wholly or partly illegal, invalid, void, unreasonable or unenforceable then the contravening element shall be deemed severable and the remaining provisions of the Agreement such continue in full force and effect.
11.3 This contract is subject to the law of England and Wales and is subject to the exclusive jurisdiction of the English courts.
Unit 9, Parkbury, St Albans, Herts, AL2 2DQ